The URL can be used to link to this page

NOVEMBER 14, 2006 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MA YOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District I BARBARA M. HENLEY. Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES 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 14 NOVEMBER 2006 I. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30PM A. TROPICAL STORM ERNESTO STUDY and PRELIMINARY FINDINGS Dean Block, Director- Public Works B. DEBT AS A BUDGET DRIVER David Hansen, Chief - Finance and Technology Patti Phillips, Director- Finance C. BUDGET EXECUTION REPORTS James K. Spore, City Manager A.M. Jacocks, Chief-Police Martha J. Sims, Director-Library David Hansen, Chief - Finance and Technology II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA IV. 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 V. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend John Baldwin Rector, Emmanuel Episcopal 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 7,2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. COMPLETION OF PACIFIC AVENUE TRAIL I. CONSENT AGENDA J. RESOLUTION/ORDINANCES 1. Resolution to REQUEST the Commonwealth of Virginia Transportation Board (VDOT) to establish a project for the completion of the Pacific Avenue Trail project at South Lake Holly. 2. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) with the Contemporary Art Center of Virginia for the 1215 Magna Carta 2007 historical exhibition. 3. Ordinance to AUTHORIZE the acceptance in fee simple of a dedicated privately owned borrow pit located adjacent to Woodstock Cove known as Woodstock Lake. DISTRICT 2 - KEMPSVILLE 4. Ordinances to ACCEPT and APPROPRIATE: a. $49,370 from the United States Department of Justice to the Police Department's FY 2006-2007 Operating Budget for the purchase of bulletproof vests b. $18,950 from the Fire Department Gift Fund to the Fire Department's FY 2006-2007 Operating Budget for their Centennial Celebration K. PLANNING 1. Application of A/H- TW A ASSOCIATES, L.L.C. for a Modification of the Indian Lakes Land Use Plan at Ferrell Parkway and Indian River Road re gasoline sales. (approved by City Council September 20, 1971) DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPROVAL 2. Application of PRINCESS ANNE SHOPPES for a Modification of Proffer No.9 which restricts the type of uses on the site at North Landing Road and George Mason Drive re a veterinarian office. (approved by City Council March 9, 2004) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 3. Application of J. D. and RANDI VOGEL for a Modification of Conditions of a Conditional Use Permit at 2388 - 2400 London Bridge Road re relocation of a commercial recreational/entertainment facility. (approved by City Council November 9,2004) DISTRICT 7 - PRINCESS ANNE RECOMMENDATION: APPROVAL 4. Application of ABOUNDING GRACE ASSEMBLY (Pastor Warren E. Singleton) for a Conditional Use Permit for a church at 5105 Princess Anne Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROVAL 5. Application of BAYS IDE CHRISTIAN CHURCH for a Conditional Use Permit to allow construction of an additional structure for child care in conjunction with an existing church at 2224 Greenwell Road. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROVAL 6. Application of ELL MER PROPERTIES, L.L.C. for a Conditional Use Permit re an automotive repair garage and bulk storage yard at 656 Military Highway. DISTRICT 2 - KEMPSVILLE RECOMMENDATION: APPROV AL 7. Application of FRANKLIN GAMBITO and LEONARD C. TUCAY for a Conditional Use Permit re a church and fellowship hall at 5317 Bayside Road. DISTRICT 4 - BA YSIDE RECOMMENDATION: APPROVAL 8. Application of JBA ONE, L.L.C. for a Conditional Use Permit re motor vehicle sales, service and bulk storage at 930 and 940 South Military Highway. DISTRICT 1 - CENTERVILLE RECOMMENDATION: APPRO V AL 9. Application of ANTHONY & CATHLEEN LINCOLN for a Conditional Use Permit re an outdoor recreational facility (skateboard ramp)at 637 Fort Raleigh Drive. DISTRICT 6- BEACH RECOMMENDATION: APPROVAL 10. Application of LOUISA AVENUE and VIRGINIA BEACH BOULEVARD, INC. for a Conditional Use Permit re a bulk storage yard at Louisa Avenue and Virginia Beach Boulevard. DISTRICT 6 - BEACH RECOMMENDATION: APPROVAL L. APPOINTMENTS BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS (BZA) CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SERVICES BOARD (CSB) EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA) INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION RESORT ADVISORY COMMISSION (RAC) WETLANDS BOARD M. UNFINISHED BUSINESS N. NEW BUSINESS 1. Reschedule regular Briefing, Informal and Formal Sessions of City Council for January 2007: Combine the First and Second regular Tuesdays to be held January 9,2007 Regular Third Tuesday Workshop to be held January 16, 2007 January 23 will be the regular Fourth Tuesday Agenda O. ADJOURNMENT ********* If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 10/07/2006mh>b www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 14 November 2006 Vice Mayor Louis R. Jones called to order the City Manager's Briefing re TROPICAL STORM ERNESTO STUDY and PRELIMINARY FINDINGS in the City Council Conference Room, City Hall, on Tuesday, November 14,2006, at 1:30 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin and Rosemary Wilson Council Members Absent: Mayor Meyera E. Oberndorf [Husband eye surgery, Entered: 3:15 P.M] Robert M Dyer [City Business Meeting, Entered: 2: 1 0 P.M] Ron A. Villanueva [Entered: 1:40 P.M] James L. Wood [Absent - Wife having Surgery] November 14,2006 - 2 - CITY MANA GER 'S BRIEFING TROPICAL STORM ERNESTO STUDY ad PRELIMINARY FINDINGS 1 :30 P.M. ITEM # 55776 The City Manager advised City Council had requested, for informational purposes, an interim report concerning an Action Plan re Tropical Storm Ernesto. The City Manager introduced E. Dean Block, Director of Public Works, to provide Preliminary Findings re Tropical Storm Ernesto. Mr. Block advised the report will encompass: Storm water System Design Areas of Structural Flooding Action Plan . Tropical storm Ernesto dropped record rainfall amounts on Virginia Beach The National Weather Service in Wakefield, Virginia, referring to its data at the Norfolk Airport, states that an "All Time Record Daily Maximum Rainfall" was set September 1,2006 Rainfall amounts in most areas of Virginia Beach exceeded the 100-year storm rainfall and in some areas exceeded a 200-year storm Rainfall from Ernesto . A verage annual rainfall . NWS Norfolk Airport: . Other rain gages: 44.61 " 9.91" . Glen wood . Thoroughgood . Sandbridge 9.69" 10.43 " 9.20" . Most of the rainfall from Ernesto fell within a 12-hour period . The 12-hour rainfall amounts far exceeded the 100-year, 12-hour storm event and approached a 300 year storm event Approximately 20% of the City's annual rainfall was received in one (1) day from Tropical Storm Ernesto. A 10-year rain event encompasses approximately six (6'J inches. Tropical Storm Ernesto was approximately one (1 'J inch above the 100-year storm. November 14, 2006 - 3 - CITY MANA GER 'S BRIEFING TROPICAL STORM ERNESTO STUDY ad PRELIMINARY FINDINGS ITEM # 55776 (Continued) Storm water System Design . Current standards require the basic storm water system in Virginia Beach to be designed for a 10-year storm. The storm water system is designed to minimize inconvenience from "minor" storms. (10-year and less per ASCE guidelines) . Current standards require the finished floor elevation of structures to be a minimum of one- foot (1) above the 1 OO-year flood elevation (as determined by FEMA NFIP) . "Major" storms (above 10-year) are accommodated by allowing the temporary storage of excess rainfall in floodplains and also in streets, parking areas, open spaces, et cetera which serve as urban ''floodplains'' in major storms . "Major" storms not only exceed the carrying capacity of pipes and channels, but inundate downstream water bodies causing water upstream to back up A significant portion of Virginia Beach (pre 1970 development) was built prior to current standards. Currently the City has direct knowledge of sixty-three (63) confirmed flooded residential structures as a result of "Ernesto". The City does not want to encourage building in the Floodplain as the Floodplain allows the temporary storage of excess rainfall. Karl Smithson, Stormwater Engineer, advised on Sunday, November 12, 2006, approximately 2.75 inches of rainfall was recorded at Norfolk International Airport. November 14, 2006 - 4- C IT Y MANA G E R 'S B R IE FIN G TROPICAL STORM ERNESTO STUDY ad PRELIMINARY FINDINGS ITEM # 55776 (Continued) Tropical Storm Ernesto Known Flooded Structures .-~_.,/< (/ ~. ./ '";"~ltltl IJ e The standards for storm water system design have not always been in place, but have evolved over a period of time. Pre 1970, a majority of the City was built out before any standards were "in place". In many cases, this is not as much of a problem as the land developed was higher ground. In some of the older neighborhoods problems have arisen with development of the infill areas. These areas had served as a BMP (Best Management Practice) for these neighborhoods. During the early days of the design process of the National Flood Insurance Program and the Floodplain regulations, Virginia Beach based the design on specific older Us. Army Corps of Engineer studies. The result was to establish a 1 DO-year flood elevation. As time has passed, refinements occurred and as FEMA has improved its planning and mapping, studies for flood insurance, et cetera, the flood elevation was found to be higher. Subdivisions may have been built correctly at the time, however later information indicated these areas might be subject to flooding (depending on location and time of development). ACTION PLAN 1) Evaluation Rosemont Forest . l' construction issue . Field surveys; hydrology and hydraulic analysis . Alternatives & costs; January report 2) The Lakes - similar study 3) Evaluate other flooded areas 4) Specific grants will be applied for and we will investigate others November 14, 2006 - 5 - CITY MANA GER 'S BRIEFING TROPICAL STORM ERNESTO STUDY ad PRELIMINARY FINDINGS ITEM # 55776 (Continued) Future Possible Policy Considerations Fairness Cost!:!. Risk? Private!:!. Public Action? A vailability of Grants? Precedents for Future Storms? SUMMARY . Tropical Storm Ernesto dropped record rainfall amounts . These rainfall amounts exceeded rainfall amounts used by FEMA to establish the 100-year flood elevations and the 1 OO-year flood zones . These rainfall amounts exceeded the design capacity of the City storm water system . Extensive street/yard flooding resulted . Flooding of some structures resulted . Action underway to identify alternatives and costs Council Lady McClanan referenced concerns of citizens residing on Hannibal Street and Club House Road. Concerning the water pushed back from Rosemont, the trucks driving through the water were forcing the water up into the garages and various parts of the homes on these roads. As these trucks were driving along, people were mowing grass and blowing leaves, all this debris went into the storm drains. The Police advised the citizens this behavior was not in violation of the law. Mr. Karl Smithson advised these illegal violations are reported to Public Works Operations - Customer Service Representatives, Phone: 385-1470. Employees within the Public Works Operation Division enforce the Stormwater System Discharge Ordinance, as well as other environmental ordinances which encompass the permit. An ordinance exists re illicit discharge of materials into the City's storm drains. Council Lady Henley, Liaison, advised The Green Ribbon Committee conducted its first meeting. This Committee serves in an advisory capacity on maters relating to the improvement of water quality in the City's waterways, including means of developing property and supporting infrastructure that minimize the use of natural resources, reduce harmful effects on water quality and create healthier environments. All the City's policies and ordinances will be examined re stormwater and development. Council Lady Henley advised, during review of the Comprehensive Plan and other comment sessions held in different locations throughout the City, the question was asked re the three things most liked in the City: waterways would always be one of the priorities. If the stormwater system were engineered to the point, there would be no standing water (disappearing as soon as hitting the ground), the waterways would not be that clean. This is an excellent opportunity to educate the public concerning this system. Residents advised flood insurance claims for damages had not been paid. Council Members Diezel and McClanan requested the City review the Flood Insurance concern of residents with the Commonwealths Attorney's office and Consumer Affairs. The residents had been told they must carry flood insurance. Council Member Diezel also requested information whether residents can secure insurance and be reinsured for properties I-foot below the 100-year flood plain. If Hurricanes are being classed as a non- flood event, the assistance of the City's General Assembly representatives should be enlisted. November 14, 2006 - 6- C IT Y MANA G E R 'S B R IE FIN G DEBT AS A BUDGET DRIVER 2:10 P.M. ITEM # 55777 Patricia Philips, Director of Finance, advised Debt is one of the factors driving the budget. Mrs. Phillips introduced Rich Dunford, Debt Administrator, who prepared the document, a valuable entity which is constantly utilized with the rating agencies and underwriters. Debt as a Budget Driver will encompass the following information: . Core Strategy: Act as Stewards of Public Resources . Long-Term Debt Report . Credit Rating Discussion . Relationship of Debt to CIP and Operating Budget . Future Debt Impacts Long- Term Debt Report Summary of Outstanding Debt at June 30, 2006 (in millions) General Obligation Bonds a. Schools b. General Government Public Facility Revenue Bonds Leases and Other Debt Agricultural Reserve Program Revenue Bonds a. Water & Sewer b. Stormwater Total Debt Less: Revenue/Supported Net Tax Supported Debt Note: Authorized and Unissued = $343 million nnual Debt Service to General Government Expenditures verall Net Debt to Estimated Full Value verall Net Debt Per Capita verall Net Debt Per Capita to Per Capita Personal Income Amount $ 271 274 279 15 23 137 l2 $ 1,012 $ 172 $ 840 stablished Guidelines Source Full Faith & Credit Full Faith & Credit Annual Appropriation (via VBDA) Annual Appropriation Full Faith & Credit/Strips Revenues of Enterprise Fund Revenues of Enterprise Fund o greater than 10.0% o greater than 3.5% o greater than $2,400 o greater than 6.5% November 14, 2006 - 7 - CITY MANA GER 'S BRIEFING DEBT AS A BUDGET DRIVER ITEM # 55777 (Continued) Mrs. Phillips advised in FY 2005-2006, two (2) Bond Sales were conducted: $80-MILLION General Obligation Bonds in December 2005 (true interest cost 4.2%) and $92.-7MILLION Water and Sewer Revenue and Refunding Bonds - September 2005 (true interest cost 4.27%). Tax exemption regulations re Refunding Bonds are very strict. There is usually only one (1) time you can do an advance refunding on a particular issue. The Finance Department continually reviews outstanding debt in relation to the market and examine refunding opportunities. Approximately $60-MILLION was refunded of that issue; the majority of the issue was a refinance and saved the City approximately $4.9-MILLION HISTORY OF CITY DEBT Phase I . City Charter Limitation in 1963 Phase II . Series of Referenda in 1980's . Roads . Schools . Recreation Centers Phase III . Enterprise Debt . Water & Sewer (1992) . Storm Water (2000) . ARP (1996-97) Phase IV . Use of Annual Appropriation Debt . Judicial Center . Social Services Building . Major Projects- Convention Center, etc. . TIFs Phase V . Public / Private Partnerships . Transportation . Proposed CDA's: TIFS and Direct or Overlapping Debt While the debt program is growing, it is still considered a moderate debt program and well controlled in the eyes of the rating agencies. The catalystfor the growth of the Debt Program (2003), approximately $2-MILLION was the Convention Center. Mrs. Phillips advised re the Debt Per Capita, the original guideline of $1,300 per capital was approved in 1992, revised in 1998 to $1,500 and in 2005 to $2,400 per capita. The Debt Per Capita for 2008 is estimated to be $2,278. Mrs. Phillips detailed the Benchmarks utilized by the City: Hampton Roads Comparison, Triple-Cities with Populations between 250,000 and 1,000,000 and Moody's Medians November 14, 2006 - 8 - CITY MANA GER 'S BRIEFING DEBT AS A BUDGET DRIVER ITEM # 55777 (Continued) Benchmarks Hampton Roads Comparison Net Debt/ S & P Credit Assessed Assessed Rating Value Value/Pop Debt/Pop Chesapeake M 3.0% $68,510 $2,078 Hampton M 3.6 56,377 2,026 Newport News M 4.7 56,596 2,660 Norfolk M 2.9 53,894 1,572 Portsmouth M- 6.1 48,574 2,963 Suffolk M- 2.8 75,460 2,147 Virginia Beach AA+ 2.2 88,304 1,921 Crooit Reports from S&P with adjustmmts from respective City staff.~. Benchmarks (cont'd) Recent Key Affordability Ratios: Triple-A Cities With Populations Between 250,00QE~g~J ,000,000* Overall debt %of Assessed Value U nTestricted Fund Balance 0/0 Exoenditures Overall debt oer caoita ~ EBI** %US Charlotte, NC 110 18 2.9 2,928 Columbus, OH 91 16 4.1 2,653 Indianapolis, IN 97 27 7.1 3,561 Minneapolis, MN 90 18 3.6 3,825 Omaha, NE 95 12 4.7 2,358 Raleigh, NC 120 31 3.4 3,369 Seattle, W A 108 14 4.5 6,940 St. Paul, MN 90 14 2.7 2,342 Virginia Beach, VA 11\ 13 2.2 1,921 ... Based on data contained in It special report released 10/09/06, Standard & Poors .. Median household Effective Buying Income (EBI) November 14,2006 - 9 - C IT Y MANA G E R 'S B R IE FIN G DEBT AS A BUDGET DRIVER ITEM # 55777 (Continued) Benchmarks Moody's Medians Per Median Unreserved Capita Family Undesignated Debt Burden Income as Income as General (Overall net 0/0 of 0/0 of Fund Debt as 0/0 Assessed State State Balance as 0/0 Assessed Payout over Value Per (2000 (2000 of Revenue Value) 10 years 0/0 CapitalS) Census) Census) Virginia Cities (Aaa) 13.1% 1.60/0 67.6% S136,597 113.9% 103.5% US City (Aaa) 12.9 2.0 72.3 188.506 176.5 170.7 Virginia Beach, VA (Aa 12.9 2.2 74 88,304 93.3 98.3 Aaa Cities Include: Alexandria, Charlottesville Top Ten (10) Management Characteristics of Highly Rated Credits - S & P . Establish a rainy day fund . Regular economic and revenue reviews . Prioritize spending plans and establish contingency plans for operating budgets . Formalize a capital improvement program . Long-term planning for all liabilities, including pension obligations and post employment benefits . A debt affordability model to evaluate future debt profile . A pay-as-you-go financing strategy for operating and capital budget . A multiyear financial plan beyond the annual budget . Effective management and information systems . A well-defined economic development strategy Policy Issues . Recommend no changes in Debt Policy at this time . Continue to seek new revenue where possible . Use of Pay-As- You-Go funding - Operating Budget . Public Facility Revenue Bond with a Revenue Source . Continue strong control of expenditures . Maintain effective communications with rating agencies . Financial Performance . Debt . Management . Economic Factors . Can handle moderate amount of additional debt not already planned . Many influences that affect affordability . Growth in income, population, etc . New revenues . Regional economy . If less cash available, more selective -focus on community priorities November 14, 2006 - 10- CITY MANA GER 'S BRIEFING DEBT AS A BUDGET DRIVER ITEM # 55777 (Continued) The Finance Department meets periodically with the rating agencies. Every bond issue has its own rating. San Diego has been censured by the Securities and Exchange Commission for not disclosing their liability. Catheryn Whitesell, Director - Management Services, will be presenting the Five-Year Forecast scheduled for the City Council Workshop of November 21, 2006. The City was upgraded in 1996 from AA to AA+. In a low interest rate environment, the rating upgrading to an AA+ might mean ten (10) to fifteen (15) basic point fractions. Mrs. Phillips anticipated approximately two (2) bond sales would be conducted in the first 'half of 2007. Finance will compare the City's sales to those of Triple A rated cities (occurring on the same day). On many maturities, the City compares favorably. Relative further upgrading, the City needs to focus on the economy and types of businesses locating in Virginia Beach. Debt is issued after a project is underway. The City Manager advised the $1,012,000,000 Debt depicted is as of June 30, 2006. Some debt will be retired and some will be issued in 2007. Mrs. Phillips advised the June 30, 2007 debt would be increased approximately $90-MIILLION, thus, the total would be approximately $1.1-BILLION. Catheryn Whitesell, Director - Management Services, advised the City Council will approve each Capital Budget as it occurs, but city staff has assumed the projects in comprising the 6-year plan. Construction projects are known as they are long term projects and planned over a series of years. Design will occur in one year, site acquisition and then construction will follow. Each year the City Council adopts the Capital Budget, which authorizes the use of debt. The projections are in the Capital Improvement Program and will be provided. Mrs. Whitesell displayed the graph depicting the relationship between City Council's ADOPTED Operating Budget and Capital Improvement Program. Funding Relationship between Operating Budget and CIP . The Capital Improvement Program is supported by debt and cash . 45% of CIP is supported by various types of debt . 55% ofCIP is from various cash sources - Fund Balances. Operating Budget and/or State & Federal Sources . The Annual Operating Budget supports the CIP through significant cash funding over $60 million and debt service Total Operating Budget FY07 $1,639.515,908 Capital Budget FY07-$214,569,984 Debt Service 5124,202,936 Capital Project Cash 560,458,227 November 14, 2006 - 11 - CITY MANA GER 'S BRIEFING DEBT AS A BUDGET DRIVER ITEM # 55777 (Continued) Mrs. Whitesell advised Debt service is 7.6% of the total Operating Budget and has increased by thirty- three (33%) percent over the last ten (10) years. Debt Service is projected to increase by ten (10%) percent next year and twenty-eight (28%) percent over the six (6) years of the Capital Improvement Program (CIP). In 1990, seventy-six (76%) percent of the Capital Budget was comprised of debt (approximately $139- MILLION). In the 2007 Capital Budget, approximately forty-five (45%) percent is comprised of debt Debt Service As A Budget Driver . Bonded Debt today is a lesser percentage of the Capital Budget than 20 years ago . Debt Service to General Government Expenditures has decreased over the last 10 years from 10.1%to 8.0% . Take advantage of refunding opportunities when possible Debt Repayment Sources . General Fund $ 77.2-MILLION . School's portion is $40.3 million . Water & Sewer Fund $ 13.2-MILLION . Storm Water Fund $ 1.6-MILLION . Dedicated Sources $ 32.2-MILLION . Dedicated Sources includes ARP, Town Center TIF, Major Projects Fund, TGIF, & Open Space Major Types of Debt Available . General Obligation Bonds . Charter Bonds . Referendum Bonds . Utility (Revenue) Bonds . Appropriation Backed Debt - Requires City Council's Dedication of Revenue Public Facility Revenue Bonds . Lease/Purchase of Equipment Decision to Use Debt . Review of Capital Improvement Program Needs . Review of Non-Debt Funding Options . Expected Life of the Capital Project . Debt is Appropriated as Last Choice November 14, 2006 - 12 - CITY MANA GER 'S BRIEFING DEBT AS A BUDGET DRIVER ITEM # 55777 (Continued) Major Types of Debt Available . General Obligation Bonds . Charter Bonds . Referendum Bonds . Utility (Revenue) Bonds . Appropriation Backed Debt - Requires City Council's Dedication of Revenue . Public Facility Revenue Bonds . Lease/Purchase of Equipment Debt Capacity in Addition to Current 6-Year Capital Improvement Program . $6-MILLION before exceeding Charter Bond Capacity . $122-MILLION before exceeding the $2,400 debt per capita figure The Long View . Future Debt Requirements - Council Priorities . Major Transportation Projects . Southeastern Parkway . Completion of Partially Funded Roadways . Waste Management . Fire Stations . Difficult to add many new projects . Reduction in Real Estate Tax Rate, over time, could reduce cash to support ClP, and will put pressure on more debt . Issuance of new debt will need a dedicated revenue source . Debt is a serious consideration for all levels of government in America Mrs. Whitesell advised the HoteVmeaVcigarette taxes were increased for the Convention Center, Sandler Center for Performing Arts and the Open Space debt issuance. The Emergency Operating Center was through Public Facility Revenue Bonds. The 911 Tax rate was increased to support this facility. The introduction section of the Capital Improvement Program provides the actual annual recalculation for Charter Debt. There is almost no capacity in the next two (2) years. The capacity really exists in Fiscal Years 3,4 and 5. Council Lady Henley referenced the status and resolution of ClP Prioritization Exercise distributed by David Hansen, Chief - Finance and Technology on August 22, 2006. The exercise contained the Requested but Not Funded List from the Capital Improvement Program (blue sheets); Commitments and Obligations Project List (white sheets); and currently Approved Capital Projects List with Funding by Year (pink sheets). Mr. Hansen had asked that Members of City Council classify the projects (blue sheet, the white sheet, and any added by City Council), as HIGH, MEDIUM, or LOW in importance Council Lady Henley expressed concern if all the ending Fund Balance was expended to design several projects, the projects have not been completed and the liability still exists. Concern was expressed re the large dollar amount contained in the Retiree Health Care liabilities November 14, 2006 - 13 - C IT Y MANA G E R 'S B R IE FIN G DEBT AS A BUDGET DRIVER ITEM # 55777 (Continued) Vice Mayor Jones understood the Governmental Accounting Standards Board (GASB) 45 Liability has encompassed all the employees and made an assumption that a certain percentage of those employees are going to retire early and the Health Insurance must be paid for by the City until Medicare age is reached. Vice Mayor Jones wondered if that is reasonable for the City to contemplate and should an accrual liability be established for this purpose. This issue needs to be discussed as a separate issue. Mrs. Phillips advised this is a Governmental Accounting Standards Board (GASB). Councilman DeSteph requested Governmental Accounting Standards Board (GASB) 45 Retiree Health Care Liabilities be discussed during the Workshop Session of November 21, 2006. The City Manager advised the Health Care Rates for Retirees are effective January 1, 2007. The City has approximately a year to make the decision concerning the GASB 45 regulation and funding. The staff has been meeting with Virginia Beach City Schools. The City Council was polled. If the consultants can attend, the City Manager shall schedule Governmental Accounting Standards Board (GASB) 45 and Health Care Briefing (City Council Conference Room) - November 21, 2006 at 4:00 P.M, following the Five-year Forecast at 3:00 P.M. (Building 19 AlB). If the consultants cannot attend, the Mayor shall call a Special Session regarding this topic. City Council RECESSED 3:26 P.M. - 3:35 P.M. November 14, 2006 - 14- CITY MANA GER 'S BRIEFING BUDGET EXECUTION REPORTS 3:35 P.M. ITEM # 55778 The City Manager advised the suggested Budget Execution Reports are a new feature. In order to provide City Council with an understanding of departmental programs, financing and priorities, a 'year 'round series of briefings by the Department Directors is being proposed as a Pilot for two (2) months. These briefings will be on the first and third Tuesday of every month and will generally last thirty (30) minutes. Directors will discuss spending trends, current projects and hot topics within their budget unit. Each briefing will use the single page format which provides both budgetary and operational information. POLICE Chief A.M. Jacocks, reiterated information concerning his Police Budget Execution Report. Police: Comparison of Current Rate of Expenditures with Projections "'" J """ 0" J~ A~ s~ ~ ~ ~ ~ Feb MM ~ _ b 1___ FY 07 Rate _Fixed M:lnthly Rate I ...Growing responsibilities ...Gang Strategy "Deterioration of facilities/space needs ..Technology needs ...Sworn Staffing "DOJ Consent Decree Revised FY 2006-07 Budget U'IilO/TTll& '- Key Services -- Reduc,e cnme and fear of crime Investigate and solve crime . Time!y' response to emergencies Results - Crima Hate and clearances Emergency response time Current Projects - . ePRO Phase II .Helicopter Replacement 'Headquarters Basement Revised Exp to Oat. Prooram GrouD FY 2006-07 FY 2006-07 FTE'. Administration $ 5,881,392 $ 1,280,098 52.45 Animal Control 2,208,553 488,413 33.00 Investigation 18,248,392 3,989,128 206.00 SOlVices 4,057.935 854,100 58.00 Uniform 55,223,953 12,588,418 668.57 Total $ 83,820,225 $ 19,180,158 1.018.02 Part 1 crime has been reduced by 1.8% this year. Violent crime has increased 1. 7% compared to last year. Part 1 property crimes have decreased by 5.4%. The overall Part 1 Crime Clearance Rate is 27.9%. Virginia Beach Clearance Rate National Average Part 1 Violent Crime Part 1 Property Crime 55.4% 25.4% 38.5% 12.9%. The response time to mercy calls for service has remained "flat" for the last several years at 6.3 minutes (from the time the call comes into communications until the Police Officer is on the scene - the actual time for the Officer once receiving the call until on the scene is approximately 3.8 minutes. November 14, 2006 - 15 - C IT Y MANA G E R 'S B R IE FIN G BUDGET EXECUTION REPORTS POLICE ITEM # 55778 (Continued) The first phase of ePRO entailed a Web based reporting system. Citizens can print off accident, incident, and neighborhood crime reports, as well as cross reference by street name. During the first six (6) months, there were 5,000 hits on that site. Approximately 10,000 printed copies of accident and incident Police reports had been previously provided from headquarters to the citizens. Now the information is more accessible. During the first six (6) months since implementation of this system, the citizens have now received "on line" 24,000 incident and 18,000 traffic accident reports. The ePRO Phase II will commence November 15, 2006. Citizens will actually file on line less serious crime reports (i.e. destruction of property, annoying phone calls). Homeland Securities responsibilities have increased during the last several years for local law enforcement. The Oceanfront responsibilities will increase as the Convention Center is completed. The continued development of Town Center (520 residential units) and other residential development will require and compete for additional police resources. Because of the increased demand in the Town Center area, funding in the FY 2007-2008 was requested for an additional Police Sergeant, twelve (12) Police Officers and one (1) Community Service Police Officer. These requests were not funded. Concerning gang strategy, Virginia Beach has been working closely with other cities and states in the enforcement and intervention areas. A city-wide Parents Summit will be presented February 2007. Special Operations and Animal Control was depicted in the FY 2006-2007 Capital Improvement Program (CIP) and the Fourth Precinct was in the FY 2009 Capital Improvement Program (CIP). Both now appear in the "requested but not funded" category. Capital Improvement Projects for mobile field reporting and electronic ticketing have been "requested but not funded ". The sworn staffing currently has thirty-four (34) recruits in the Academy, graduating on January Thirty-jirst. These recruits will complete field training and be "on the street" by May. There are currently twenty-one (21) sworn vacancies, which is an improvement from the previous seventy (70) vacancies. Another Police Academy is scheduled to commence on January Sixteenth. Forty-jive (45) of one hundred twenty-seven (127) individuals named in the Department of Justice (DOJ) Consent Decree have applied for some form of relief All forty-jive (45) are seeking monetary relief, but only eighteen (18) are seeking hiring relief A preliminary review of those individuals indicates approximately only thirty-six (36) will be eligible for some form of relief These figures are preliminary and the information is still being reviewed with the United States Department of Justice and the City Attorney's office. November 14, 2006 - 16 - C IT Y MANA G E R 'S B R IE FIN G BUDGET EXECUTION REPORTS LIBRARIES 4:00 P.M. ITEM # 55779 Martha J Sims, Director - Libraries, advised there is a distinct link between crime and education. Eighty (80%) percent of the inmates in Federal prisons are illiterate. The States of Indiana and California encompass, within their formula, predicting the future number of jail cells are based on Second and Third grade reading scores. Libraries' Mission is to support City Council's goal of providing quality education and life long learning opportunities to our citizens. The Public Libraries support our citizens at every age as they pursue independent learning, job training and formal education. The City will invest $17.5-MILLION in library services. Library services are provided at thirteen (13) separate library agencies. The Central Library, The Bayside, Great Neck, Oceanfront, Pungo/Blackwater and Windsor Woods Libraries provide 6-day a week service. 7-days-a-week service is offered at the Central, Kempsville and Princess Anne Libraries. Specialized services are provided by the South Rosemont Youth Library (collaboration with the Boys and Girls Club), the Bookmobile and the Wahab Public Law Library (supported by $3.00 of every civil case filed in the City), Municipal Reference Library. Within the Bayside Library, special services are provided for the blind and visually handicapped. Within the next few months The Bookmark Cap, a coffee shop, will be opening in the Central Library. Fifty-nine (59%) percent of the citizens are registered library users. On an average day, fifteen hundred (1,500) customers visit the Libraries' Website (staying between 5 minutes and two (2) hours. There has been a twenty-five percent (25%) increase in on-line activity from October 2005 to the present. Libraries: Comparison of Current Rate of Expend~ures w~h Projections Revised FY 2~7 Budget 100% '" 80% 70% ~ 60% 5 50" a.. 40% Key Services - . Library Services: "13 locations 0"'" . Records Management: City. schools, and courts Ju AlJ'J Sep Oct Nav Dee Jan Feb Mar Apr May Jun . V1rtual Library .........FY07Rale _Fixed'-bnlhIyRale I . $25M Capltallnv8stment in LIbraries over the past 6 years 'New BMB under construction - ETA Summer 2007 Results - . ROlon thiS investment ShO\'ffi on next slide . Over 5 3M Hits on Library website annually - second highest 'KV Library Renovation - Last of the Library Renovations Projects Revised Exp to Date Proaram Group ~ FY 2006-07 ITS:! Administration $ 1,428,347 $ 256,274 12.50 law Library 436,196 76,140 3.50 Public Services 10,758,830 2,396,816 218.66 Support Services 4.948.461 1,400.169 30.00 Total $ 17,571,837 $ 4,133,399 264.86 'TCC/City Joint Use Library - Due to inflation. additional CIP funding needed 'Records Management Modernization November 14,2006 - 17 - C IT Y MANA G E R 'S B R IE FIN G BUDGET EXECUTION REPORTS LIBRARIES ITEM # 55779 (Continued) The new Bookmobile is under construction and due for delivery in Summer 2007. The services will focus on youth in Targeted Neighborhoods. The final capital project is a major collaborative project between the City and Tidewater Community College to construct a 120,000 square foot library on campus. The model for this facility was San Jose State University and San Jose Public Library, which was the premier joint use project in the United States. The next step will be to assist Tidewater Community College in securing approximately $38-MILLION to fund their share. If successful, the State will begin developing a Request For Proposal (RFP) re design services within the next few months. The Department of libraries has assumed responsibility of Records Management. Proposals will be established to automate the inventory control aspects. Planning will commence re an overall, city-wide enterprise system of electronic records management. The Friends of the Library and the Virginia Beach Library Foundation provide Libraries with approximately $13,000 each year. The City Manager's Budget Execution Report will be RESCHEDULED. November 14, 2006 - 18 - AGENDA RE VIE W SESION 4:20 P.M. ITEM # 57780 BY CONSENSUS, the following shall compose the CONSENT AGENDA: J. RESOLUTION/ORDINANCES 1. Resolution to REQUEST the Commonwealth of Virginia Transportation Board (VDOT) establish a project for the completion of the Pacific Avenue Trail project at South Lake Holly 2. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of Understanding (MOU) with the Contemporary Art Center of Virginia for the 1215 Magna Carta 2007 historical exhibition 3. Ordinance to AUTHORIZE the acceptance in fee simple of a dedicated privately owned borrow pit located adjacent to Woodstock Cove known as Woodstock Lake DISTRICT 2 - KEMPSVILLE 4. Ordinances to ACCEPT and APPROPRIATE: a. $49,370from the United States Department of Justice to the Police Department's FY 2006-2007 Operating Budget for the purchase of bulletproof vests b. $18,950from the Fire Department Gift Fund to the Fire Department's FY 2006-2007 Operating Budgetfor their Centennial Celebration Mayor Oberndorf advised. Stihl was very generous by donating $10,000 as well as other contributions, re the Fire Department's Centennial (4.b.) Council Lady Wilson will ABSTAIN on Item J.3 (Woodstock Lake). Her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. November 14, 2006 - 19 - AGE N DA REV IE W S E S S ION ITEM # 55781 K.l. Application of AIH- TW A ASSOCIA TES, L.L. C. for a Modification of the Indian Lakes Land Use Plan at Ferrell Parkway and Indian River Road re gasoline sales. (approved by City Council September 20, 1971) DISTRICT 1 - CENTERVILLE Councilman Villanueva had questions regarding the Second Phase. ITEM # 55782 K.2. Application of PRINCESS ANNE SHOPPES for a Modification of Proffer No.9 which restricts the type of uses on the site at North Landing Road and George Mason Drive re a veterinarian office. (approved by City Council March 9,2004) DISTRICT 7 - PRINCESS ANNE This item will be discussed during the Formal Session re the condition that this facility will not be used to board or kennel animals overnight. ITEM # 55783 K. 3. Application of J. D. and RANDI VOGEL for a Modification of Conditions of a Conditional Use Permit at 2388 - 2400 London Bridge Road re relocation of a commercial recreational/entertainment facility. (approved by City Council November 9,2004) DISTRICT 7 - PRINCESS ANNE Council Lady Henley advised this property entailed a number of different uses, each application governed by a different Conditional Use Permit. This application only involves the seasonal display between Thanksgiving and New Year's Day. Council Ladies Henley and McClanan had not received any opposition to this particular use, but had received citizen complaints re their Halloween activities. Council Lady McClanan advised an adjacent resident complaining to the Police Department re the chain saws and screaming at 11 :00 P.M. was told that he could not complain as the activity has a Conditional Use Permit to operate. This item shall be discussed during the Formal Session. Council Ladies Henley and McClanan believe the overall operation of the facility should be reviewed. Karen Lasley, Zoning Administrator, advised the City Council approved the Conditional Use Permit for the Halloween Haunted Hayride on October 22, 1991. The only condition on this approval was closure at 11:00 P.M. November 14, 2006 - 20- AGENDA RE VIE W SESSION ITEM # 55784 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda: 4. Application of ABOUNDING GRACE ASSEMBLY (Pastor Warren E. Singleton) for a Conditional Use Permit for a church at 5105 Princess Anne Road. DISTRICT 2 - KEMPSVILLE 5. Application of BA YSIDE CHRISTIAN CHURCH for a Conditional Use Permit to allow construction of an additional structure for child care in conjunction with an existing church at 2224 Greenwell Road. DISTRICT 4 - BAYSIDE 6. Application of ELL MER PROPERTIES, L.L. C. for a Conditional Use Permit re an automotive repair garage and bulk storage yard at 656 Military Highway. DISTRICT 2 - KEMPSVILLE 7. Application of FRANKLIN GAMBITO and LEONARD C. TUCAY for a Conditional Use Permit re a church and fellowship hall at 5317 Bayside Road. DISTRICT 4 - BAYSIDE 8. Application of JBA ONE, L.L.C. for a Conditional Use Permit re motor vehicle sales, service and bulk storage at 930 and 940 South Military Highway. DISTRICT 1 - CENTER VILLE 9. Application of ANTHONY & CATHLEEN LINCOLN for a Conditional Use Permit re an outdoor recreational facility (skateboard ramp)at 637 Fort Raleigh Drive. DISTRICT 6 - BEACH 10. Application of LOUISA AVENUE and VIRGINIA BEACH BOULEVARD, INC. for a Conditional Use Permit re a bulk storage yard at Louisa Avenue and Virginia Beach Boulevard. DISTRICT 6 - BEACH Mayor Oberndorf, Council Members Henley and McClanan shall vote a VERBAL NA Y on Item K. 6 (ELLMER PROPERTIES, L.L.C.) Council Members McClanan and Wilson referenced correspondence from the Historic Sites Organizing Committee requesting an extension to February 27, 2007, for their report and the Committee to dissolve April 30, 2007. This extension and the Committee's request to dissolve April 30, 2007, will be discussed in Formal Session. November 14, 2006 - 21 - ITEM # 55785 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 thefollowingpurpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property: Centerville District Bayside 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). Shaunda Brandon v. City of Virginia Beach, et al. SPSA - Compost Facility Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (4:40 P.M.). Voting: 9-0 Council Members Voting Aye: 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and James L. Wood (Closed Session: 4:40 P.M. - 5:55 P.M.) (Dinner: 5:55 P.M. -6:10 P.M.) November 14, 2006 - 22- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL November 14, 2006 6:25 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, November 14,2006, at 6:25 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 Rosemary Wilson Council Members Absent: James 1. Wood [Wife undergoing Surgery) INVOCATION: Reverend John Baldwin Rector, Emmanuel Episcopal Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. November 14, 2006 - 23 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55786 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exemptfrom 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood November 14, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREA~ The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55785 Page 21, and in accordance with the provisions of The Virginia Freedom of Information A~ and, WHEREA~ 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. NOW; 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 November 14,2006 - 24- Item V-F.1. MINUTES ITEM #55787 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of November 7, 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood November 14, 2006 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 25 - ITEM #55788 AGENDA FOR THE FORMAL SESSION November 14,2006 - 26- Item V-G. 2. RECOGNITION ITEM #55789 Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their Communications and Citizenship badges. Troop 363 Haygood United Methodist Church Daniel Campbell Matthew Questore Adam Shea Ben Thomas David Thomas Stacy Thomas Committee Member Pack Mother Mayor Oberndorf presented each student with a City Seal pin from the City of Virginia Beach. November 14, 2006 - 27- Item V-H. PUBLIC HEARING ITEM # 55790 Mayor Oberndorf DECLARED A PUBLIC HEARING: COMPLETION OF PACIFICA VENUE TRAIL There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. November 14,2006 - 28 - Item v'J. RESOLUTION/ORDINANCES ITEM #55791 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Resolution/Ordinances 1,2,3 and 4a/b 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood Council Lady Wilson ABSTAINED on Item J.3. (Woodstock Lake) Her husband is a principal in the accountingjirm of Goodman and Company and personally provides services to the donor of Woodstock Lake at Woodstock Cove. November 14,2006 - 29- Item V, J. 1. RESOLUTION/ORDINANCES ITEM #55792 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to REQUEST the Commonwealth of Virginia Transportation Board (VDOT) establish a project for the completion of the Pacific Avenue Trail project at South Lake Holly 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood November 14, 2006 1 2 3 4 5 6 A RESOLUTION TO REQUEST THE COMMONWEALTH TRANSPORTATION BOARD TO ESTABLISH A PROJECT FOR THE COMPLETION OF THE PACIFIC AVENUE TRAIL PROJECT WHEREAS, in accordance with Commonwealth Transportation Board 7 Construction Allocation Procedures, it is necessary that City 8 Council request by resolution that the Virginia Department of 9 Transportation establish a transportation enhancement project in 10 the City of Virginia Beach. 11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 12 VIRGINIA BEACH, VIRGINIA: 13 1. That the City of Virginia Beach hereby supports an 14 application for grant funds in the amount of $423,372 and requests 15 the Commonwealth Transportation Board to establish a project for 16 the completion of the Pacific Avenue Trail Project. 17 2. That the City of Virginia Beach hereby agrees to provide 18 matching funds of at least twenty percent ($105,843) of the total 19 amount of planning and design, right of way, and construction of 20 this project (which totals $529,215 as submitted to the Virginia 21 Department of Transportation), and that, if the City of Virginia 22 Beach subsequently elects to cancel this project, the City of 23 Virginia Beach hereby agrees to reimburse the Virginia Department 24 of Transportation for the total amount of costs expended by the 25 Virginia Department of Transportation for this project through the 26 date that the Virginia Department of Transportation is notified of 27 such cancellation. 28 Adopted by the Council of the City of Virginia Beach, 29 Virginia, on the 14th day of November , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: , hLflU / J::4ffl0. City Attorney's flce CAI0204 V:\applications\citylawprod\cycom32\Wpdocs\D001\P001\O0022895.DOC R-3 November 2, 2006 - ~ ATLANTIC OCEAN SITE PURPOSE: PACIFIC AVENUE TRAil DATUM: NORTH AMERICAN VERTICAL DATUM 1988 ADJACENT PROPERlY OWNERS: SEE ATTACHED PLAN VIEW DRAWING WEST SIDE OF PACIFIC AVE. BETWEEN NORFOLK AVE. AND WINSTON SALEM AVE. (WALKWAY) VICINITY MAP SCALE: 1" = 1000' IN: VIRGINIA BEACH AT: LAKE HOLLY CITY OF VIRGINIA BEACH STATE: VIRGINIA APPLICATION BY: CITY OF VIRGINIA BEACH SHEET 1 OF 3 DATE: 9/5/06 - 30 - Item v'J.2. RESOLUTION/ORDINANCES ITEM #55792 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to A UTHORlZE the City Manager to execute a Memorandum of Understanding (MOU) with the Contemporary Art Center of Virginia for the 1215 Magna Carta 2007 historical exhibition 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood November 14, 2006 . . 1 2 3 4 5 6 7 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO EXECUTE A MEMORANDUM OF UNDERSTANDING WITH THE CONTEMPORARY ART CENTER OF VIRGINIA FOR THE MAGNA CARTA EXHIBITION WHEREAS, in observance of the 400th anniversary of the 8 landing of the Jamestown Settlers at Cape Henry and the founding 9 of Jamestown, the City desires to bring one of the four existing 10 exemplars of the 1215 Magna Carta, signed by King John, to 11 Virginia Beach for exhibition in 2007; and 12 WHEREAS, Lincoln Cathedral is the owner of a 1215 Magna 13 Carta exemplar and has expressed an interest in lending a Magna 14 Carta exemplar and other documents and artifacts for exhibition 15 in Virginia Beach in 2007 ("Exhibit"); and 16 WHEREAS, the Contemporary Art Center of Virginia ("CACV") 17 has been identified by the City as the choice of venue for the 18 Exhibi t; and 19 WHEREAS, the CACV has agreed to host the Exhibit and to 20 coordinate related operational, educational and fundraising 21 activities; and 22 WHEREAS, in August 2006, the City Council ("Council") 23 adopted an ordinance to increase the Department of Museums' 24 fiscal year 2006/07 operating budget by six hundred and twenty 25 thousand eight hundred and eight dollars ($620,808) for the 26 purpose of providing additional funding for the design and 27 fabrication of the Exhibit and for operational expenses; and 28 29 WHEREAS, the August 2006 ordinance adopted by Council also established capital improvement project identified as a 30 "Contemporary Art Center Renovations for Magna Carta 2007" ("CIP 31 #3-039"), and transferred two hundred and twenty-five thousand 32 dollars ($225,000) to CIP #3-039; and 33 WHEREAS, the funds in CIP #3-039 are to be used to upgrade 34 securi ty and surveillance equipment, renovate exhibit to 35 galleries, to install portals between galleries and public 36 spaces, to improve humidification controls, and to upgrade the 37 ticketing and point-of-sale systems in the CACV (the "Project"); 3 8 and 39 40 WHEREAS, the CACV has agreed to contract professional design firm to design and fabricate the wi th a exhibit; 41 and 42 WHEREAS, to ensure Virginia Beach as a venue for the 43 Exhibit, the City and CACV wish to enter into a Memorandum of 44 Understanding whereby the City will provide funding to the CACV 45 and CACV will facilitate, oversee, and manage all aspects of the 46 47 48 49 50 51 design, fabrication, and installation of the Exhibit and upgrades to the CACV building. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH: 1. That the attached Memorandum of Understanding regarding the Magna Carta Exhibit is hereby approved; and 2 52 2. That the City Manager is hereby authorized and directed 53 to execute the Memorandum of Understanding on behalf of 54 the City of Virginia Beach. 55 56 Adopted by the Council of the City of Virginia Beach, 57 Virginia on the 14th day of November , 2006. Approved as to Content Approved as to Legal Sufficiency: A- 1'--71 Y-f../",-- City Attorney's Office of Museums CAI0043 X:\PA\GG\Ordres\Magna Carta ORD.doc November 3, 2006 R-3 3 SUMMARY OF TERMS MEMORANDUM OF UNDERSTANDING WITH THE CONTEMPORARY ART CENTER OF VIRGINIA FOR THE MAGNA CART A EXHIBITION City's Responsibilities: . Give the Contemporary Art Center of Virginia ("CACV") $772,808 from the Department of Museums' FY 2006/07 operating budget ("Funds"). . Give CACV up to $225,000 from CIP #3-039 ("Capital Funds"). . Department of Museums to designate a representative to serve on exhibit team with CACV staff. Contemporary Art Center of Virginia's Responsibilities: . Spend Funds received from City on design, fabrication, and installation of the Magna Carta exhibit ("Exhibit"). . Employ a project manager, and pay his/her salary, for the purpose of raising capital and operational funds through capital campaigns and fundraising appeals. . Spend Capital Funds received from City on design, fabrication, and installation of improvements and upgrades to the CACV building (the "Project"). . Coordinate, oversee and administer construction of the Project. . Reimburse City for Funds by depositing with the City the initial $620,808 of revenue generated from admissions fees, merchandise sales, sponsorships, and exhibit rentals. Any additional monies generated by the Exhibit in excess of $620,808 will be divided equally between the City and CACV. . No obligation to reimburse City for Capital Funds. . Provide City with monthly reports on fundraising activities and progress of design, fabrication, and installation of Exhibit. . Provide a drug-free workplace and not discriminate against any employee or applicant. . Require contractors performing capital improvement on the CACV building to secure and maintain insurance policies, naming City as an additional insured_ . Identify all marketing and advertising materials with "Virginia Beach 2007." MEMORANDUM OF UNDERSTANDING This Memorandum of Understanding ("MOU") made and entered into as of this _ day of , 2006, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia ("City"), and the CONTEMPORARY ART CENTER OF VIRGINIA, a nonprofit, noncollecting institution ("CACY'). RECITALS A. In observance of the 400th anniversary of the landing of the Jamestown Settlers at Cape Henry and the founding of Jamestown, the City desires to bring one of the four existing exemplars of the 1215 Magna Carta, signed by King John, to Virginia Beach for exhibition in 2007. B. Lincoln Cathedral ("Lincoln"), located in Lincoln, England, is the owner and custodian ofa 1215 Magna Carta exemplar. Lincoln has expressed an interest in lending the exemplar and other documents and artifacts for exhibition in Virginia Beach in 2007 ("Exhibit"). The Exhibit is currently scheduled to open in Virginia Beach in March 2007. C. The Contemporary Art Center of Virginia ("CACY') has been identified by the City as the choice of venue for the Exhibit. The CACV was founded in 1952 to foster awareness, exploration and understanding of significant art and to involve a diverse regional public in the rich and active language of visual art. D. The CACV has agreed to host the Exhibit, to contract with Lincoln for the use of the documents and artifacts, and to coordinate related operational, educational and fundraising activities. The CACV may also borrow additional documents and artifacts from other lending institutions for use in the Exhibit. The CACV has agreed to be liable for all documents and artifacts loaned to CACV for the Exhibit. E. In May 2006, the Virginia Beach City Council ("Council") adopted a fiscal year 2006/07 operating budget for the Department of Museums that included one hundred and fifty two thousand dollars ($152,000) for operational expenses for the Exhibit. F. The Council adopted an ordinance in August 2006 to increase the Department of Museums' fiscal year 2006/07 operating budget by six hundred and twenty thousand eight hundred and eight dollars ($620,808) for the purpose of providing additional funding for design and fabrication of the Exhibit and for operational expenses. G. To ensure that the CACV is capable of hosting an exhibition of historical documents and artifacts, the August 2006 ordinance adopted by Council established a capital improvement project identified as Capital Improvement Program #3-039, "Contemporary Art Center Renovations for Magna Carta 2007" ("CIP #3-039"), and transferred two hundred and twenty-five thousand dollars ($225,000) to CIP #3-039. The funds in CIP #3-039 are to be used to upgrade security and surveillance equipment, to renovate exhibit galleries, to install portals between galleries and public spaces, to improve humidification controls, and to upgrade the ticketing and point-of-sale systems in the CACV (the "Project"). H. The CACV has agreed to contract with a professional design firm experienced in the design, fabrication and installation of museum quality exhibits, and in the care, handling, and display of fragile and environmentally sensitive documents and artifacts. AGREEMENT The parties to this MOU, for and in consideration of the mutual efforts to ensure Virginia Beach as a venue for the Exhibit, agree as follows: Section 1 - Obligations of the City The City shall give CACV seven hundred seventy-two thousand eight hundred and eight dollars ($772,808) from the Department of Museums' FY 2006/07 operating budget (the "Funds"). The Funds shall be expended by CACV as set forth in Section 2 (A) of this MOD. The Funds shall be reimbursed to the City by CACV in accordance with Section 2 (D) of this MOD. The City shall give CACV up to two hundred and twenty-five thousand dollars ($225,000) from CIP #3-039 (the "Capital Funds"), pursuant to Section 2 (B) of this MOD. The Capital Funds shall be expended by CACV as set forth in Section 2 (B) below. The City's Department of Museums shall designate a representative to serve on the exhibit team with the CACV staff and the design firm hired by CACV. Section 2 - Obligations of CACV A. Expenditure of Funds CACV shall apply all Funds received from the City towards design, fabrication and installation of the Exhibit, shipping costs for documents and artifacts, and operational costs directly related to the Exhibit, including, but not limited to, advertising, merchandising, security, ticketing and transportation. CACV shall employ a project manager for the purpose of raising capital and operational funds through capital campaigns and fundraising appeals, and assisting with logistical details in preparation for the Exhibit. The payment of the project manager's salary shall come from the Funds. 2 Any costs for the Exhibit which exceed the seven hundred seventy-two thousand eight hundred and eight dollars ($772,808) authorized by the City shall be the responsibility of the CACV. B. Expenditure of Capital Funds The Capital Funds appropriated in CIP #3-039 shall be used for the design, fabrication, and installation of improvements and upgrades to the Contemporary Art Center of Virginia building. The CACV shall make improvements and upgrades to the following: security and surveillance equipment, gallery renovations, installation of portals between galleries and public spaces, humidity controls, and ticketing/point of sale system. After incurring Project costs, the CACV shall submit requests for payment to the City and the City shall reimburse CACV for Project costs in an amount up to two hundred and twenty-five thousand dollars ($225,000). Requests for payment shall be made by CACV to the Department of Museum on the fifteenth (15th) of each month and shall include copies of invoices from contractors and vendors for services rendered and equipment or materials delivered. Any Project costs which exceed two hundred and twenty-five thousand dollars ($225,000) shall be the responsibility ofthe CACV. C. Administration of the Project The CACV shall coordinate, oversee, and administer construction of the Project and shall construct the Project in accordance with the City of Virginia Beach Building Design Standards. Construction on the Project shall begin no later than November 15, 2006 and shall be completed no later than March 30, 2007, subject to delays for weather, acts of God, shortage of materials, or other matters beyond the control of the CACV. Time is of the essence in this MOU. All capital building plans shall be reviewed and approved by the Director of the Department of Museums, or her designee, and the City's Department of Public Works prior to the commencement of the construction. Construction plans shall comply with all applicable federal, state, and local laws and regulations_ The CACV shall obtain all permits and approvals required by federal, state, and local laws. The CACV shall permit the City to enter upon the Project construction site at any time during the term of this MOU to perform any needed inspections of the Project. During the Project construction period, the Executive Director of CACV, or his designee, shall meet periodically with the City's Departments of Museums and Public Works, and the architects and contractors for the Project, to review plans and evaluate progress. The parties shall review the overall conceptual design, general site considerations, and Project budget. D. Reimbursement of Funds and Capital Funds The Funds shall be reimbursed by CACV to the City as follows: 3 After the Exhibit opens in 2007, the CACV shall deposit the initial six hundred and twenty thousand eight hundred and eight dollars ($620,808) of revenue generated from admissions fees, merchandise sales, sponsorships and exhibit rentals to the City Treasurer (under revenue code #416705). Fifty percent (50%) of any additional monies generated by the Exhibit from admissions fees, merchandise sales, sponsorships and exhibit rentals, in excess of the initial six hundred and twenty thousand eight hundred and eight dollars ($620,808) (the "Additional Monies"), shall be deposited by the CACV to the City Treasurer (under revenue code #416705). The CACV shall retain the remaining fifty percent (50%) of the Additional Monies for its own use. CACV shall have no obligation to reimburse the City for Capital Funds. E. Documentation Provided to City CACV shall provide the City with monthly reports on fundraising activities and on the progress of design, fabrication and installation of the Exhibit and the capital improvements. Reports are to be provided by the fifth (5th) day of each month to: Director, Department of Museums 717 General Booth Boulevard Virginia Beach, VA 23451 F. Nondiscrimination/Drug-Free Workplace During the performance of the MOU, CACV agrees as follows: CACV will not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, age, disability, or any other basis prohibited by state law relating to discrimination in employment, except where there is a bona fide occupational qualification/consideration reasonably necessary to the normal operation of CACV. CACV agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of this nondiscrimination clause. CACV, in all solicitations or advertisements for employees placed by or on behalf of CACV, will state that CACV is an equal opportunity employer. Notices, advertisements and solicitations placed in accordance with federal law, rule or regulations shall be deemed sufficient for the purpose of meeting the requirements of this section. CACV will include the foregoing provisions in every subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor. During the performance of this MOU, CACV agrees as follows: CACV will provide a drug-free workplace for CACV's employees. 4 CACV will post in conspicuous places, available to employees and applicants for employment, a statement notifying employees that the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana is prohibited in CACV's workplace and specifying the actions that will be taken against employees for violations of such prohibition. CACV will state in all solicitations or advertisements for employees placed by or on behalf of CACV that CACV maintains a drug-free workplace. CACV will include the foregoing provisions in every subcontract or purchase order of over ten thousand dollars ($10,000), so that the provisions will be binding upon each subcontractor or vendor. G. Insurance CACV shall require that its contractors performing capital improvements secure and maintain in full force and effect, at all times during the term of this MOU, policies of insurance as may be required by the City's Risk Management Division. All insurance policies required herein shall name the City as an additional insured and shall be issued by companies licensed to conduct the business of insurance in the Commonwealth of Virginia. Each policy shall also contain a provision prohibiting cancellation without thirty (30) days prior written notice to the City. Certificates of insurance shall be delivered to the City promptly after the issuance of the respective policies. H. Marketing All marketing and advertising materials and publications produced andlor distributed by CACV for the Exhibit shall clearly identify the Exhibit as a Virginia Beach 2007 event. Section 3 - Term This MOU shall be effective upon execution and shall remain in effect until July 1, 2007, or until such time as the Exhibit has been removed from the CACV, whichever shall occur first. Termination of this MOD shall not effect CACV's obligation to reimburse the City for the Funds, as set forth in Section 2 (D) above. Section 4- Non-Assignment Neither party shall assign its rights and/or obligations under this MOU without the prior written consent of the other party. Section 5 - Applicable Law and Venue This MOU shall be deemed to be a Virginia contract and shall be governed as to all matters, including but not limited to validity, interpretations, obligations, performance, or otherwise, exclusively by the laws of the Commonwealth of Virginia. Any and all suits for any claims and for any and every breach or dispute arising out of this MOU shall be 5 maintained in the appropriate court of competent jurisdiction in the City of Virginia Beach. Section 6 - Notice Any documentation, correspondence, or notices required or permitted to be given pursuant to this MOU shall be given by certified mail, postage prepaid, return receipt requested as follows: To the City: Attention: Lynn Clements, Director of Museums City of Virginia Beach 717 General Booth Blvd. Virginia Beach, Virginia 23451 To CACV: Attention: Cameron Kitchin, Executive Director The Contemporary Art Center of Virginia 2200 Parks Avenue Virginia Beach, Virginia 23451 Section 7 - Independent Contractors In performance of this MOU, both the City and CACV will be acting in an individual capacity and not as agents, employees, partners or joint venturers, or associates of one another. The agents and employees of one shall not be construed to be agents or employees of the other. Neither party shall have any liability with respect to any financial obligations incurred by the other party. Section 8- Default In the event that CACV shall for any reason or through any cause be in default of the terms of this MOU, the City may give CACV written notice of such default by certified maillreturn receipt requested at the address set forth in paragraph 6 of this MOD. Unless otherwise provided, CACV shall have ten (10) days from the date such notice is mailed in which to cure the default. Upon failure of CACV to cure the default, the City may immediately cancel and terminate this MOU as of the mailing date of the default notice. Upon termination, CACV shall be reimbursed by the City for all funds properly expended for the Project to date. In addition to the remedies set forth herein, CACV shall be subject to all remedies available to the City in law and in equity. Section 9- Hold Harmless-Indemnification It is understood and agreed that CACV hereby assumes the entire responsibility and liability for any and all damages to persons or property caused by or resulting from or arising out of any act or omission on the part of CACV, its subcontractors, agents or employees under or in connection with this MOD or the performance or failure to perform any work required by this MOD. CACV agrees to indemnify and hold harmless the City and its agents, volunteers, servants, employees and officials from and against any and all claims, losses, or expenses, including reasonable attorney's fees and litigation 6 expenses suffered by any indemnified party or entity as the result of claims or suits due to, arising out of or in connection with (a) any and all such damages, real or alleged, (b) the violation of any law applicable to this MOD and ( c) the performance of the work by CACV or those for whom CACV is legally liable. Upon written demand by the City, CACV shall assume and defend, at CACV's sole expense, any and all such suits or defense of claims made against the City, its agents, volunteers, servants, employees or officials. Section 10 - Entire Agreement The parties agree that this MOU constitutes the entire agreement of the parties and that there may be no modification of this MOU, except in writing, executed by the authorized representatives of the City and CACV. The terms and provisions of this MOU shall be binding upon and will inure to the benefit of the parties, their respective successors, and assIgns. As evidence of their agreement to the terms and conditions set forth herein, the parties affix their authorized signatures hereto: CONTEMPORARY ARTS CENTER OF VIRGINIA By: ~C::---~ , Title: tiiiYiiir:.lI M"~ ~'''~C'l't:I'~ CITY OF VIRGINIA BEACH By: City Managerl Authorized Designee Approved as to Content: Approved as to Legal Sufficiency: llJJ~t~ Department of Museums /1 {L.."y ~fl"'-1 City Attorrle ' s Office Approved as to Content: Approved as to Content: ~~Jfn!h~ PublIc Works 7C4~ Risk Management 7 - 31 - Item v'J.3. RESOLUTION/ORDINANCES ITEM #55793 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AUTHORIZE the acceptance in fee simple of a dedicated privately owned borrow pit located adjacent to Woodstock Cove known as Woodstock Lake. DISTRICT 2 - KEMPSVILLE Voting: 9-0 (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 and Ron A. Villanueva Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: James L. Wood Council Lady Wilson ABSTAINED re Item J.3 {Woodstock Lake}. Her husband is a principal in the accountingfirm of Goodman and Company and personally provides services to the donor of Woodstock Lake at Woodstock Cove. November 14, 2006 1 2 3 4 5 6 7 8 AN ORDINANCE TO AUTHORIZE OF A DEDICATION OF A 24.9 OWNED BORROW PIT KNOWN AS IN FEE SIMPLE LOCATED WOODSTOCK COVE PARK IN VIRGINIA BEACH THE ACCEPTANCE ACRE PRIVATELY WOODSTOCK LAKE ADJACENT TO THE CITY OF WHEREAS, on October 7, 1999, Woodstock Lake, LLC, acquired 9 certain property (the "Property") from W. W. Reasor by deed dated 10 September 22, 1999 and described in Deed Book 4154, at page 0396 as 11 "PARCEL C 24.9 ACRES". 12 WHEREAS, the Property is a 24.9 acre privately owned borrow 13 pit known as Woodstock Lake adjacent to Woodstock Cove Park in the 14 City of Virginia Beach. 15 WHEREAS, the City has need for this property as part of its 16 Storm Water Quality Enhancement Project (CIP 7-183) and 17 18 WHEREAS, Woodstock Lake, LLC, has offered to dedicate the 24.9 19 acres to the City of Virginia Beach 20 WHEREAS, the Department of Public Works has determined that 21 the Property is suitable, inter alia, for storm water management 22 purposes. 23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 1. That the City Council authorizes the acceptance of 26 the dedication of the Property by Woodstock Lake, LLC to the City 27 of Virginia Beach by Deed of Gift pursuant to section 15.2-1800, 28 Code of Virginia of 1950, as amended. 29 2. That the City Manager or his designee is authorized 30 to execute all documents that may be necessary or appropriate in 31 connection with accepting the dedication of the Property, so long 32 as such documents are acceptable to the City Manager and the City 33 Attorney. 34 Adopted by the Council of the City of Virginia Beach, 35 Virginia, on the 14th day of November 2006. CAI0124 PREPARED: November 6, 2006 R-l v:\applications\citylawprod\cycom32\WpdocS\D002\P001\OO022989.DOC APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM 1i1(l /~ \ ()-~ CITY ATTORNEY I bI1~~" ~~r~:~.t.\<fIJY 7 [I' J ~ (f- .,,/ 111,\\\ ..~' I .-.-.-1. ~~, I. · ... 11II..1 ~ II~I\ ;;;z"" "" .oo~7...1 I"" -~u~.. - · " · - II \1 ~ . ~.. "" r-\\T" ...]'.!Ilr: ".. ..' "11'". I'. I - I \\1 ~ r'-' I.>~ T ." 1'1 ,I~I.- ... -1-- I I r 1\ \111:g .... f .- . ," "U-.'\ \ II .~~tt~ ~.II ~. I ~ -'... .l8'IIIII- ~~~I I\' lh · \ rt ~ - . ~.' ,..~" L I I' 'IIi ~-"" \ . I.. .v.... ..III J4" I _.1 lA \\ 1-- '<t ~ (") ~ t f8 0.1 :;! ~ r==--..==:==&t=---> ~---- \ L ~ r n___----~---- ~.\ ~ ~;: )~~ II ~l.li. .t..... ....~I.lljllp.lI.'\1\ \ i fiI\t:~ · -:r: ~. I ~r.I." -\-1' ,fll-r. '" ~ I\-L. .lil-'\'~i, \ \ >- ~'. '~:f: II~ #..' .. , 1.1 \\\\ 0 ~ i-I ~ .I' . ~ .: I ...' f'" , ~ .. I~t - '" ~ >- r' '"'" r .I.. - J ~I . ~~ r:" II.. ' ,III Ii! I :ll ~ ,.\t .t.",!,""&- "''''_'"l.~c!.''-,-.l~l- Il~~1 ~ ~ '-liP'" -.. r", ... -..... .~I ....;\\\\ ~ ~ ! .',:~~;<; ,"" !;~ ' is- ~.. = .- .~ ~ ~ I K' l8 r '. f (. - I[ 0.. u.i 8 \ ~ ~ 'fi~ I ~ ~ ":l wC/) ~' t-' ill - I ~ - · / ..::: ....J <D ~. ... ':;!: z <DO:: m _'%!I " ;1; 0 ~ cD () ... ",,,,,, ::\ - () I{) <( /~Y\ I . '~~. \~ _, ~ I::;: 0 "<t 0) .\.1\... Ill. ....p ~ ~ I- T- . ,;... ....... ~~~ '-' C/) Z "<t ~~~ ~~~l...\ft_ _, ;;'~ ~').'foliol..t-l~ ~ g 8 0: N ---'",,- ~!J~ ~.'~~ ~'~~l .,.1 ~~~~:.: 0 (!) ;-'l- Ij/'iJ;... I.~~~M~ {i.\'1 \~ ."\:= ~ >-.fr'"'- ::> ~ (~~ ~.~.- r-!lft~~~~~ ~~~~ > ~ ~~~""'J '~.~I..~~'&r~ .;;,~. \\W~~ i ~ ~.a....~" "''j;;m~'~ JI ~:--. ~\I;~~,//. --. I ;/i'U'cc' - C::-~;;,,~ l ~. '-L' :;,. \\ I" ~<j i i .~..' "r~J.,-''''-''''ii);;;;T~I~-~- '--'1,. 0""'" \ ua- I L -,. .' '--- , < '\ . ~,. r ~--= __ _ ~ -#..\ ~~ '0::\~,,,~ L if _ _ ill 4It ,~ ~' ~ ~ (lT~. -,; Iii;.~~~"";.~.~~ ~ ~; / __. _ F~ jP-.. .... -A'-='" ~k~ D ~ I ....~ . . I. . ,1Ifj'_I.~~ ~~ ~ ..~~~4It~.~~ / 'Y~.'r 'V .1/ ~__ ------ ... - 32 - Item v'J.4a/b. RESOLUTION/ORDINANCES ITEM #55794 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT and APPROPRIATE: a. $49,370 from the United States Department of Justice to the Police Department's FY 2006-2007 Operating Budget for the purchase of bulletproof vests b. $18,950 from the Fire Department Gift Fund to the Fire Department's FY 2006-2007 Operating Budget for their Centennial Celebration 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood November 14, 2006 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $49,370 2 FROM THE UNITED STATES DEPARTMENT OF JUSTICE 3 TO THE POLICE DEPARTMENT'S FY 2006-07 4 OPERATING BUDGET FOR THE PURCHASE OF 5 BULLETPROOF VESTS 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 That $49,370 is hereby accepted from the United States 9 Department of Justice and appropriated to the Police Department's 10 FY 2006-07 Operating Budget for the purchase of bulletproof vests, 11 with federal revenue increased accordingly. 12 Requires an affirmative vote by a majority of the members of 13 the Ci ty Council. 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia, on the 14th day of November , 2006. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY BGu~D-, ~ Management Servlces J~ l K4iUA City Attorney's 0 . ice - CAI0198 V:\applications\citylawprod\cycom32\Wpdocs\D030\POOl\O0022784.DOC R-2 November 1, 2006 FY 2006 BVP Award Announcement Page 1 of 1 Dia M. Hayes Subject: FW: FY 2006 BVP Award Announcement From: Debby Collins On Behalf Of James Spore Sent: Monday, October 23,200611:25 AM To: Susan A. McCulloch Subject: FW: FY 2006 BVP Award Announcement Debby Collins Executive Assistant V City Manager's Office 2401 Courthouse Drive Virginia Beach, VA 23456 7157 -385-8198 dcollins@vbgov.com From: BVP [mailto:BVP@usdoj.gov] Sent: Friday, October 20,200610:33 AM Subject: FY 2006 BVP Award Announcement Dear BVP Participant: Congratulations! The Office of Justice Programs' Bureau of Justice Assistance (BJA) is pleased to announce that your application for fiscal year (FY) 2006 Bulletproof Vest Partnership (BVP) funding has been approved. The complete list of FY 2006 awards may be viewed online at http://www.oip.usdoi.gov/bvpbasi/ Your 2006 Regular BVP award may be used for any vest ordered on or after April 1 ,2006. The vest must meet National Institute of Justice (NIJ) standards, on the date ordered. These FY 2006 funds must be applied toward purchases, and all receipts submitted, on or before September 30,2010. Please call us at any time at 1-877-758-3787 if you have questions or need assistance requesting payment through the online BVP svstem. You may also reach us via e-mail at vests@oip.gov. Sincerely, Bureau of Justice Assistance Office of Justice Programs U.S. Department of Justice Please do not reply to this e-mail. Mail is not monitored at this address. 10/26/2006 ~ UJ (,)09 z ::J UJ o~- tiU:~!z5~z 8~2:lu-~0 .?;- o-<<u-::;:!z i3 ~~titi~F:> I~I I rn I Ill~~ I I'-I I I'-n'-I!I~I~I I rl~IN .- .- I'-I I'-I I~I I I I I~I I 00 00 00 o 1;1,I1~lg 0 0 00 00 co ... NN 00 0 00 0 00 00 88 00 00 00 00 010 00 co.... 0 ll'l0 ll'l0 ll'l0 ~ r~ ~ ~ 0U'l 00 0I1l> <0 ... 00 U'l 00 U'l 00 00 00 00 0U'l 00 .....ll'l 00 01 ..... 0 NO Nd NO cir....: dd COCO .j.j cO""': C"i trid e>> dd tri.j de>> .jd trid Lricri 0""': ~cri trici Nm an NU'l 01<0 ....U'l CJ) ""'" C')CO 0'" U'l0 ~C> ........ ll'l U'l 01 .... <0 01 0.... co .- U'l0l .....~ ....U'l NU'l O~ CON ....0 CO... CO <0.... .-0 <ON ~ ('l";)w h -hCOh ~.... CO~ 01.... "!.~ O~ 01 ~o "< U'l'" NOI 01..... 0101 ~N CO.... COU'l OIN ~ll'l CON "< N<h <h..,f ..,f<h - <h ~a5 tri,,) "':<h ".; ctiui <h . N<h <h . <h <h <h <h Ili<h N* cxi<h N~ <h - 01 .-N ~ .- .. ~ ~ '" ..... ~ (h <h .,. ~ <h<h <h <h <h '" "'''' <h <h *<h <h * * <h * <h <h ll'l <h ~ <h ... ... II I I I I I I I I I I 1 I I I I 1 1 I I .l!l :5 en is ~~~~~~~~~~~~~~~~~~~~=~~~~ U'l '<'<'<'<'<'<'<'<1< < < < < < < < < < < < < <.<. .<. S!. I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~I~! < z tJ) Z ~::JO Q ~<~Zffib ~ 0 ~~ ~ :>u-OO~ZZtJ)~~~ ~ ~tJ) ~~ (,) ~tJ)ffi~tJ):l~z(')~~ :l <O-Z :l:l~~0 UJ UJ~~~~~~~~~ffi~~~z~~~~UJ~~ti~~ ~ ~ ~~~ ~(,) ~~O~UJ~O~~~~~~~~~OO S ~W~~~~tJ)- ~ZOOO~UJ~~ OC<~ZO 1~1~1~lmlffiI81~1~ltil~IIlfI31~1~IGI~I~ltiltil~I~I~I~I~1 1i: UJ UJ ~ ~ < Z UJ UJ ~ Z::! ~ ~ ~ Z Z ~ :> ~ ~ ~> Z~ ZZ ~ ~ ~ ~ ~ ~ tJ) OZ ~Z ~~ Z 0 0 ~ ~ Z ~ (3 ~O Z ~ ~ :> ..~ ~ ~ ~5 00 :l Z ~ Z :l ~ :> Z ~ ~F 0 ~ Z :l (3 Z 0 IIlZ ~ ~ ~ Z UJ() ~~ ~ ~ 0 0 0 ~ ~ ~ (3 ~ 1S:l 0 0 Z() :.:~ () 0 () -' (,) 0 tJ) CO ~ ~Z UJz (,)~ ~ :l 0 (,) UJ tJ) ~:l Z ~ 0 ::::0 (3 tJ):l UJ Z ~ ~ UJ ~ UJ-, >- _:l ~ ~ CO ~ UJ 0 ii: ~ Zm 0 ti .~ () UJ UJ ~ Z IX <2 ~m ~ UJ Z ~ Z ~ ~ UJ O~ ~ tJ) 'tloo ~ 0:: ~ ~ IZ oOO 0 0 ~ 0 Z ::5 Z ~ ::;:UJ oo 0 0 .~ ::;: ~ ()UJ ~ 0 ~ ~ 0 0 ~ ~ ~ ~ ~oo ~~ ~UJ ::;: 0 0 ~ ~ ~ 1i: 0 ~~ Z ~< ~ ~ UJ :l Ooo <~ ~ :l ~~ ~ 0 ~ :l ~ ~ lL f- ti ~ ~ -,0 m CO m ()UJ u-u- II ~ 0 ~ oo oo ~ ~~ ~ .... .e III ~ tJ 'l:: u; is Cl l:: 'C l:: .. ::I C U. ::I D. 0 > E 1Xl< ii ~ I c .S! ~] : o .~ <01~1""lcol~lcol"'I~INlol""'lol~ CO 01 01 .- () 010 0 0 0 0 0 0 ~ 0 .- 0 .- 0101010101 < ~ 1~1~1~1~1~1~1~IJd~I~I~I~I~I~I~I~II:>1 I I I 111....1 III III I I - G ~ < ~~ ~ UJ ffiUJ ()~~Z ~ ooti~~::!::!~ -UJ::;:UJOoo[;j[;jO ~~~IOOOII~ ~~~()OO~~~ ~<::!~~O 0 :> ~ ~ ~ ~.~. . .~. o UJ ~ tJ) ~ 1i: UJ o UJ ~ u-. ~ ~z Z Gl 0> ~ E ()>z> 0 .. I~~!::>-~Z z < O()~UJ~ l:: 09f-z(3::J0 .S! ~UJ>O~:>f- ~ <ii:~!z5~z .~.... m~Z:llt~~ ::I I~~~:l~~ .., tJ) tJ) tJ) (/) (/) f- > ~ C3 I () i'ti CO < Z C; ~ :> I\.. 8~ ~ ~ ~C3Z~~O .;,;(/) ~~~~zf-~..~. :lUJO():lUJz 15<1' IIlC gJ~oo:;::OO;;!:l'fi..J ::;:UJof-()>O._tJ).S! <Ioo~UJUJ()-gz:!i ::::j ()Z Oz 0 I~ ~I ~ '3 c; -g :::: _ _ 0 , 101..,1~I"C ~~~~ ~~~.; i ~ . . . . , . , . . . , . , , , , .~. . 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE $18,950 FROM THE FIRE DEPARTMENT GIFT FUND TO THE FIRE DEPARTMENT'S FY 2006-07 OPERATING BUDGET FOR THE FIRE DEPARTMENT CENTENNIAL CELEBRATION BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That $18,950 in additional gift fund revenue is hereby 10 accepted and appropriated to the Fire Department's FY 2006-07 11 Operating Budget to support the Fire Department Centennial 12 Celebration, with gift fund revenue increased accordingly. 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia on the 14th day of November , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: &g~S~S~ Jdlrt1 p f k, ~ f.1L:,. City Attorney's fflce CAI0203 V:\applications\citylawprod\cycom32\Wpdocs\D031\POOl\O0022854.DOC R-3 November 1, 2006 - 33 - Item V-K. PLANNING ITEM # 55795 1. AIH - TWA ASSOCIATES, L.L.C. MODIFICATION OF INDIAN LAKES LAND USE PLAN (approved September 20,19/71) 2. PRINCESS ANNE SHOPPES MODIFICATION OF PROFFER NO.9 (approved March 9, 2005) 3. J.D. and RANDI VOGEL MODIFICATION OF CONDITIONS re Conditional Use Permit (approved November 9, 2004) 4. ABOUNDING GRACE ASSEMBLY CONDITIONAL USE PERMIT 5. BAYSIDE CHRISTIAN CHURCH CONDITIONAL USE PERMIT 6. ELLMER PROPERTIES, L.L.C. CONDITIONAL USE PERMIT 7. FRANKLIN GAMBITO AND CONDITIONAL USE PERMIT LEONARD C. TUCAY 8. JBA ONE, L.L.C. CONDITIONAL USE PERMIT 9. ANTHONY and CATHLEEN LINCOLN CONDITIONAL USE PERMIT 10. LOUISA A VENUE and VIRGINIA BEACH BOULEVARD, INC. CONDITIONAL USE PERMIT November 14, 2006 - 34- Item V.K. PLANNING ITEM # 55796 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Items 4, 5, 6,7 8,9 and 10 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood Mayor Oberndorf, Council Lady Henley and Council Lady McClanan voted a VERBAL NA Y on Item 6 (Ellmer Properties, L.L. C.) November 14, 2006 - 35 - Item v,K.J. PLANNING ITEM # 55797 Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the applicant (A/H-TWA Associates, L.L.c. and WAWA. Relative access, WA WA is utilizing the existing access and not creating any access which is not present. The rest of the development, which is by right, will include a Harris-Teeter and retail with access (right-in and right-out onto Indian River Road). This is the only other access in this proposed parcel. This is not a part of the WAWA application. Upon motion by Councilman Villanueva, seconded by Councilman Dyer, City Council MODIFIED, AS PROFFERED, Ordinance upon application of A/H-TWA ASSOCIATES, L.L.C,for the Indian Lakes Land Use Plan at Ferrell Parkway and Indian River Road re gasoline sales (approved by City Council September 20, 1971) APPLICATION OF A/H-TWA ASSOCIATES, L.L.c. FOR A MODIFICATION OF THE INDIAN LAKES LAND USE PLAN TO PERMIT GASOLINE SALES BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Application of A/H-TWA Associates, L.L.c. for a Modification of the Indian Lakes Land Use Plan to permit gasoline sales on property located on the south side of Ferrell Parkway and 800 feet east of Indian River Road (GPIN 1465575095 - part of). DISTRICT 1- CENTERVILLE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. Voting: 9-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Barbara M Henley Council Members Absent: James L. Wood November 14, 2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6566 DATE: October 31, 2006 FROM: Leslie L. Lilley, ~ B_ Kay WilSO~ DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application: A/H- TWA Associates, LLC The above-referenced conditional zoning application is scheduled to be heard by the ~~~,\ City Council on November 14, 2006. I have reviewed the subject proffer agreement, dated June 20,2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/aIs Enclosure cc: Kathleen Hassen A/H-TWAASSOCIATES, L.L.C., a Virginia limited liability company INDIAN LAKES PROPERTIES TWO, L.L.C., a Virginia limited liability company SCAD, L.L.C., a Virginia limited liability company SHB, L.L.C., a Virginia limited liability company SEEMAN WARANCH TIDEWATER JEWISH FOUNDATION, a Virginia non-stock corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia THIS AGREEMENT, made this 20th day of June, 2006, by and between A/H-TWA ASSOCIATES, L.L.C. ("A/H") a Virginia limited liability company, Grantor, party of the first part; INDIAN LAKES PROPERTIES TWO, L.L.C., a Virginia lirnited liability company, SCAD, L.L.C., a Virginia limited liability company, SHB, L.L.C., a Virginia limited liability company, SEEMAN WARANCH, TIDEWATER JEWISH FOUNDATION, a Virginia non- stock corporation, parties of the second part, Grantors who join in this agreement solely to show they consent to the proffers by AIH but do not guarantee or warrant perrormance of any proffer by A/H; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee, party of the third part. l'i~:'<~ WITNESSETH: WHEREAS, the partie;s of the second part are the joint owners of a parcel of property located in the Centerville District of the City of Virginia Beach, containing approximately 10.15 acres of land which is more particularly described as Parcell in Exhibit "A" attached hereto and incorporated herein by this reference. This Agreement concerns a portion of Parcell, containing approximately 1.52 acres which is more particularly described as Parcel 2 in Exhibit "A" and which is herein referred to as the "Property"; and GPIN: 1465-57-5095 (Part) Prepared By: R. Edward Bourdon, Jr., Esquire Sykes, Bourdon, Ahern & Levy, P.C. 281 Independence Blvd. Pembroke One, Fifth Floor Virginia Beach, Virginia 23462 1 WHEREAS, the party of the first part is the contract purchaser of the Property described in Exhibit "A" and has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify the PDH-l Land Use Plan with a Conditional B-2 Commercial Designation applicable to the Property; and WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, A/H acknowledges that the competing and sometimes incompatible uses conflict and that in order to permit differing uses on and in the area of the Property and at the same time to recognize the effects of change, and the need for various types of uses, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to cope with the situation to which A/H's rezoning application gives rise; and WHEREAS, A/H has voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the PDH-l Land Use Plan applicable to the Property in addition to the regulations provided for the PDH-l and B-2 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. NOW, THEREFORE, A/H, for itself, its successors, personal representatives, assigns, grantee, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any element of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through A/H, its successors, personal representatives, assigns, grantee, and other successors in interest or title: 1. When the Property is developed, in order to achieve a coordinated design and development on the site in terms of vehicular circulation, parking and building orientation, 2 the "CONCEPTUAL SITE LAYOUT OF WAWA @ INDIAN RIVER ROAD, Ferrell Parkway and Indian River Road, Virginia Beach, VA," dated 6/20/06, prepared by MSA, P.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Layout Plan") shall be substantially adhered to. 2. When the Property is developed, the architectural design, building materials and colors of the Wawa Market, canopy and gasoline dispensing equipment will be substantially as depicted on the exhibit entitled "PROPOSED WAWA, Ferrell Parkway & Indian River Road Virginia Beach, Virginia, dated November 3, 2005" prepared by LynchMartinez Architects, L.L.C., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning ("Rendering"). 3. When the Property is developed, all lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America (IESNA). A photometric lighting plan indicating the number and types of lighting will be submitted as part of the formal site plan submission for review by the Planning Department to determine consistency with Crime Prevention Through Environmental Design (CPTED) principles and practices. Lighting shall be installed and operated as shown on the approved plan. All lighting shall be directed inward and downward within the site. 4. When the Property is developed, no outdoor vending machines, ice boxes or display of merchandise shall be allowed. 5. When the Property is developed, windows shall not be tinted, thus allowing for surveillance opportunities both from within and from outside the building. No signage in excess of a total of eight (8) square feet of the entire glass area of the exterior wall nor any neon or neon-style signs or accents shall be permitted in or on the windows and/or doors of the convenience store. 6. When the Property is developed, signage on the site is limited to the building sign, canopy signage if depicted on the elevation and one freestanding monument style sign with a base matching the brick of the convenience store building. No other signs shall be installed on any other wall area of the building or on the roof of the building, on the canopy, on the canopy supports, on the lighting poles or any other portion of the site. 7. When the Property is developed, all rooftop equipment, such as heating, ventilation and air conditioning units shall be concealed from typical street level view. All ground level building mechanical equipment shall be screened in accordance with Section 245 (e) ofthe Zoning Ordinance. 3 8. When the Property is developed, any trash enclosure shall be screened with a solid wall to match the main building and shall include evergreen shrubs having good screening capabilities, no less than three (3) feet in height at the time of planting, spaced in accordance with the City's Landscaping, Screening and Buffering Specifications and Standards, and maintained at all times in good condition at a minimum height not lower than the wall. 9. When the Property is developed, a bike rack shall be provided on-site. 10. Further conditions may be required by the Grantee during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable City Code requirements. The above conditions, having been proffered by AIH and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. AIR covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; 4 (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, A/H shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the Grantors and the Grantee. 5 WITNESS the following signature and seal: Grantor: AjH-TWAAssociates, L.L.C., a Virginia limited liability company By: Armada Hoffler Properties, L.L.C., !-\irt). \r'Lted liability company By: . .-t- \ \ ; (SEAL) LL1+0.D','l<-! ~ ,fl. N;!..A (.~ , Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: ,~ The foregoing instr~ment. .was ackn9wled,ged before me this ,;J/~ day of ItLtM...-L , 2006, by ( j /?-!1/Y./)."u..{ 1'< IV l"'i G: , Managing Member of AriAada Hoffler Properties, L.L.C., the 'Managing Member of A/H Associates, L.L.C., a Virginia limited liability company, Grantor. ./ '1 . .' -7 .-.' . ...:)2L^[}2r;;).(,,/; "t~.[ {c' Notary Public ""'.n My Commission Expires: ;}.} C . (--.S" /- - :/- / ..'~ ~ 6 WITNESS the following signature and seal: Grantor: EAL) , Managing Member STATE OF VIRGINIA CI1Y OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29th day of June , 2006, by Lawrence J. Go1drich , Managing Member of Indian Lakes Properties Two, L.L.C., a Virginia limited liability company, Grantor. '~ d Lff dJ= J y[1r I( Gi. (i '{], ~~?1-- N(jtary Public v My Commission Expires: 1/31/07 7 WITNESS the following signature and seal: Grantor: SCAD, L.L.C., a Virginia limited liability company (SEAL) , Managing Member STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29 t h day of June , 2006, by Stanley Waranch , Managing Member of SCAD, L.L.C., a Virginia limited liability company, Grantor. ! jl1 - /~ ( / I ~ m L/' i ,~. i i \....f-j '--1\ j .'7-'---- ./ ( 0, L u C7\. I" ( ) i- 0Yl .. Nptary Pub1it u My Commission Expires: 1/31/07 8 WITNESS the following signature and seal: Grantor: SHB, L.L.C., a Virginia limo d liability company By: ~L (SEAL) , Managing Member Stuart H.Buxbaum STATE OF VIRGINIA CTIY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29th day of June , 2006, by Stuart H. Buxbaum , Managing Member of SHB, L.L.C., a Virginia limited liability company, Grantor. em c J Y-i .'-kLj :(, lei ~1) . . ()1 .' N ptary Public ,.j My Commission Expires: 1/31/07 9 WITNESS the following signature and seal: 61< L~ { (5E!tL) STATE OF VIRGINIA CI1Y OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this 29 t h day of June ,2006, by Seeman Waranch, Grantor. c>> 1 (L Ul ~ W ( ltk7J1 " ~tary Public My Commission Expires: 1/31/07 10 WITNESS the following signature and seal: Grantor: Tidewater Jewish Foundation, a Virginia non-stock corporation (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing June , President corporation, Grantor. instrument was acknowledged before me this 29th day of 2006, by Philip S. Rovner , of Tidewater Jewish Foundation, a Virginia non-stock My Commission Expires: 1/31/07 11 EXHIBIT "A" Parcel One: All that certain lot, piece or parcel of land, with any improvements thereon lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as "PARCELA-2, PART B-2", on that certain subdivision plat entitled "SUBDMSION PLAT OF PARCEL A-2, PART B, INDIAN LAKES PROPERTIES, L.L.C. (M.B. 234, PG. 59), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated September 24, 1997, made by Engineering Services, Inc., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 262, at Pages 68 & 69. GPIN: 1465-57-5095 Parcel Two: A portion of that certain lot, piece or parcel of land, lying, situate and being in the City of Virginia Beach, Virginia, being known, numbered and designated as "PARCEL A-2, PART B- 2", on that certain subdivision plat entitled "SUBDMSION PLAT OF PARCEL A-2, PART B, INDIAN LAKES PROPERTIES, L.L.C. (M.B. 234, PG. 59), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated September 24, 1997, made by Engineering Services, Inc., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 262, at Pages 68 & 69. Said portion of Parcel A-2, PART B-2 is more particularly described as follows: . BEGINNING AT AN IRON PIN LOCATED AT THE POINT OF REVERSE CURVE OF A CURVE TO THE RIGHT HAVING A RADIUS OF 102.82 FEET AND AN ARC LENGTH OF 257.71 FEET, THE POINT OF COMMENCEMENT. SAID POINT IS LOCATED AT THE SOUTHEAST INTERSECTION OF INDIAN RIVER ROAD AND FERRELL PARKWAY; THENCE CONTINUING ALONG THE SOUTHERN RIGHT-OF-WAY OF FERRELL PARKWAY WITH A CURVE TO THE LEFT HAVING A RADIUS OF 1,487.90 FEET, AN ARC LENGTH OF 516.54 FEET, A CHORD BEARING OF NORTH 860 23' 31" EAST AND A CHORD DISTANCE OF 513.95 FEET TO A PIN BEING A POINT OF TANGENCY; THENCE NORTH 780 23' 07" EAST, A DISTANCE OF 37.64 FEET TO A POINT LOCATED ON THE NORTHWEST CORNER OF LEASE PARCEL (THE SUBJECT PROPERTY), THE POINT OF BEGINNING; THENCE CONTINUING ALONG FERRELL PARKWAY NORTH 780 23' 07" EAST, A DISTANCE OF 113.21 FEET TO A PIN; THENCE NORTH 740 25' 16" EAST, A DISTANCE OF 216-44 FEET TO A POINT; THENCE LEAVING FERRELL PARKWAY AND CONTINUING ALONG THE DMDING LINE BE1WEEN THE SUBJECT PROPERTY AND THE PROPERTY NOW OR FORMERLY BELONGING TO INDIAN LAKE SELF STORAGE, LLC, DESIGNATED AS PARCEL D-2, SOUTH 15034' 44" EAST, A DISTANCE OF 260.62 FEET TO A POINT; THENCE LEAVING THE PREVIOUS DIVIDING LINE AND CONTINUING ALONG THE DMDING LINE BETWEEN THE SUBJECT PROPERTY AND PARCEL A-2, PART B-2 HAVING A GPIN 1465-57-5095, SOUTH 740 25" 16" WEST, A DISTANCE OF 329.37 FEET TO A POINT LOCATED AT THE SOUTHWEST CORNER OF THE SUBJECT PROPERTY; THENCE NORTH 150 34' 44" WEST, A DISTANCE OF 207.99 12 FEET TO THE POINT OF BEGINNING AND CONTAINING 66,375 SQUARE FEET OR 1.52 ACRES. IT BEING A PORTION OF A CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH THE IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE CITY OF VIRGINIA BEACH, VIRGINIA, AND BEING KNOWN, NUMBERED AND DESIGNATED AS "PARCEL A-2, PART B-2" ON THAT CERTAIN SUBDIVISION PLAT ENTITLED "SUBDIVISION PLAT OF PARCELA-2, PART B, INDIAN LAKES PROPERTIES, L.L.C. (M.B. 234, PG. 59), KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", DATED SEPTEMBER 24,1997, MADE BY ENGINEERING SERVICES, INC., WHICH PLAT IS DULY RECORDED IN THE CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH, VIRGINIA IN MAP BOOK 262, PAGES 68 & 69. GPIN: 1465-57-5095 (Part) AmendmentPDHPlan/ A-H - TW AAssociatesjProffer3.Clean Rev.8/04/06 13 - 36- Item v'.K.2. PLANNING ITEM # 55798 Attorney R. E. Bourdon, Pembroke Office Park- Building One, 281 Independence Boulevard, Fifth Floor, Phone: 499-8971, represented the Princess Anne Shoppes, Dr. Patrick and Lane Brett, the two (2) Veterinarians requesting the Modification. These Veterinarians are owners of the Owl's Creek Veterinarian 24-hour Animal Hospital and Boardingfacility. Thisfacility will be only for out-patient and not include any overnight care of any animals. Letters of support from all owners of the units were distributed and are hereby made a part of the record. Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council MODIFIED WITH ABSOLUTELY NO OVERNIGHT ANIMAL CARE, AS PROFFERED, Ordinance upon application of PRINCESS ANNE SHOPPES re Proffer No.9 which restricts the type of uses on the site at North Landing Road and George Mason Drive re a Veterinarian office: ORDINANCE UPON APPLICATION OF PRINCESS ANNE SHOPPES FOR A MODIFICATION OF CONDITIONS (PROFFERS) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Princess Anne Shop pes for a Modification of Conditions (Proffers). Property is located at the northwest intersection of North Landing Road and George Mason Drive (GPIN 1494811533). DISTRICT 7 - PRINCESS ANNE The following condition shall be required: 1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit Court and is hereby made a part of the record. 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood November 14,2006 CITY OF VIRGINIA BEACH INTER-OFFICE CORRESPONDENCE In Reply Refer To Our File No. DF-6564 DATE: October 31, 2006 FROM: Leslie L. Lilley :\ ~~ B. Kay Wilson DEPT: City Attorney DEPT: City Attorney TO: RE: Conditional Zoning Application: Princess Anne Shoppes The above-referenced conditional zoning application is scheduled to be heard by the City Council on November 14, 2006. I have reviewed the subject proffer agreement, dated July 25, 2006 and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW/als Enclosure cc: Kathleen Hassen PREPARED BY: ~~ SYJ(IS. !JOURDON. Uil4IJ:rnN & 1M. P_c. FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS PRINCESS ANNE SHOPPES, a Commercial Condominium by PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION, INC., a Virginia corporation TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS) CITY OF VIRGINIA BEACH THIS AGREEMENT, made this 25th day of July, 2006, by and between PRINCESS ANNE SHOPPES, a Commercial Condominium by PRINCESS ANNE SHOPPES OWNER'S ASSOCIATION, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee. WITNESSETH: WHEREAS, the Grantors are the owners of that certain parcel of property located in the Princess Anne District of the City of Virginia Beach, Virginia, designated as Parcel B1 containing approximately 3.4 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference said property hereinafter referred to as the "Property"; and WHEREAS, the Grantors have initiated a modification to a conditional amendment to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as to modify a condition to the Zoning Classification of the Property; and WHEREAS, the Grantors have requested Grantee to permit this modification of the previously proffered Agreement dated December 22, 2003 (hereinafter "2003 Proffers"), to reflect amendments applicable to the land use plan on the Property; and GPIN: 1494-81-1533 1 PREPARED BY: ~.m SYKES. BOURDON. &1,. ~tRN &. Lffi', P.c. WHEREAS, the Grantee's policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the Grantors acknowledge that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property and at the same time to recognize the effects of change that will be created by the proposed modification of conditions to the zoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the application gives rise; and WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and prior to the public hearing before the Grantee, as a part of the proposed modification to the existing zoning conditions with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted, which conditions have a reasonable relation to the proposed modification and the need for which is generated by the proposed modification. NOW, THEREFORE, the Grantors, their successors, personal representatives, assigns, grantees, and other successors in title or interest, voluntarily and without any requirement by or exaction from the Grantee or its governing body and without any elernent of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or subdivision approval, hereby makes the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenants and agrees that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the Grantors, their successors, personal representatives, assigns, grantees, and other successors in interest or title: 1. Proffer number "9" in the 2003 Proffers is amended to read: The Property shall not be developed for or devoted to any of the following uses: (a) (b) (c) (d) (e) Business and vocational schools; Funeral homes; Grocery stores or convenience stores; Marinas; Mini-warehouses; 2 PREPARED BY: ~I3 SYI(IS. gOURDON. m1Jl4Jmm &. UW. P.c. (f) Animal hospitals, pounds, shelters and commercial kennels, provided, however, that veterinary offices which provide only outpatient treatment or services, with no overnight boarding shall be permitted. 2. All of the terms, conditions, covenants, servitudes and agreements set forth in the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument # 200403160042878, save and except, Proffer 9, as specifically amended and modified herein, shall remain in force and effect, running with the Property and binding upon the Property and upon all parties and persons claiming under, by or through the Grantors, their heirs, personal representatives, assigns, tenants, and other successors in interest or title. The Grantors further covenant and agree that: All references hereinabove to the B-1A District and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the Grantors and allowed and accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the Grantee, after a public hearing before the Grantee which was advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, 3 PREPARED BY: ~mSYKIS. ROURDON, MiJl4lIt:RN & 1M. P.c. including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied; and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the Grantors shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for public inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the Grantors and the Grantee. 4 WITNESS the following signature and seal: Grantor: Princess Anne Shoppes, a Commercial Condominium By: Princess Anne Shoppes Owner's Association, Inc., a Virginia corporation by North Landing Development, L.L.C., its President By: /5/~1~O~' Brian Camden, Managing Member ~ (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: The foregoing instrument was acknowledged before me this ~ b k day of , 2006, by Brian Camden, Managing Member of North Landing vel pent, L.L.C., President of Princess Anne Shoppes Owner's Association, Inc., a rgin' corporation, Grantor. My Commission Expires: V/~ Dlo PREPARED BY, ~m SYKIS. ROURDON. PllP -\HrnN & 1M. P.c. 5 PREPARED BY: g,.IB SYU:S. ROURDON. &1'- \m:RN & U:VY. P.c. EXHIBIT "A" All that certain tract, piece or parcel of land, situated in the Princess Anne Borough, City of Virginia Beach, Virginia, designated as Parcel B1 as shown on that certain plat entitled "SUBDMSION OF LOTS A & B SUBDMSION OF BREWER PROPERTY", Scale I" = 100', dated March 26, 1994, made by Kellam-Gerwitz Engineering, Inc., which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 238, at Page 79, together with a perpetual non-exclusive easement designated "Cross Access Easement for Lots B1, B2 and B3", as shown on the aforesaid plat and a perpetual non- exclusive easement designated by "10' x 200' Private Utility Easement Hereby Dedicated", as shown on the aforesaid plat. GPIN: 1494-81-1533 ModConditionsjBrett/PrincessAnneShoppes/proffer 6 - 37 - Item v'.K.3. PLANNING ITEM # 55799 William (Bill) Gambrell, Land Planner, 207 23rd Street, represented the applicant, and advised this modification actually moves the event further from the neighborhood. With this event, timing is important and Mr. Gambrell requested the application not be DEFERRED. This modification is to allow an existing permit to include Christmas displays. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council MODIFIED Conditions upon application of J. D. and RANDI VOGEL for a Conditional Use Permit (approved November 9,2004): ORDINANCE UPON APPLICATION OF 1. D. AND RANDI VOGEL FOR A MODIFICATION OF CONDITIONS OF A CONDITIONAL USE PERMIT (APPROVED November 9. 2004) BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 1. D. and Randi Vogel for a Modification of Conditions on property located at 2388 - 2400 London Bridge Road (GPIN 2405900693). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The relocation of the commercial recreational facility shall substantially adhere to the submitted plan showing the relocated pole barn entitled "Preliminary Subdivision Plan of Site A-I, Princess Anne Hunt Club, Inc. for John Vogel" dated February 2, 1987, updated 6/8/9, prepared by NDI, LLC Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. All conditions attached to the Conditional Use Permit granted by the City Council on November 9, 2004 remain in affect: a. The applicant shall obtain all necessary permits, inspections and approvals from the Fire Department and the Permits and Inspections Division of the Planning Department before occupancy of the building. A certificate of Occupancy for the use shall be obtained from the Permits and Inspections Division of the Planning Department. b. Hours of operation shall be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day annually. 3. This Application shall be for one vear onlv with the applicant to resolve Halloween concerns before the next Halloween Season. November 14, 2006 - 38 - Item v'K.3. PLANNING ITEM # 55799 (Continued) Voting: 9-1 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 Rosemary Wilson Council Members Voting Nay: Reba S. McClanan Council Members Absent: James L. Wood November 14, 2006 - 39 - Item v'K.4. PLANNING ITEM # 55800 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon Application of ABOUNDING GRACE ASSEMBLY (Pastor Warren E. Singleton) for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF ABOUNDING GRACE ASSEMBLY (PASTOR WARREN E. SINGLETON) FOR A CONDITIONAL USE PERMIT FOR A CHURCH ROll 0634183 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Abounding Grace Assembly (Pastor Warren E. Singleton) for a Conditional Use Permit for a church on property located at 5105 Princess Anne Road (GPIN 1466880452). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. Prior to the issuance of a Certificate of Occupancy for the building, the applicant shall comply with all applicable City Code requirements and standards pertaining to building codes and fire safety and suppression necessary for the change of use to a place of assembly. 2. Church attendance at any church service, or function, shall not exceed the number established for the building by the City's Fire Marshall. 3. The Zoning Administrator shall administratively review the Conditional Use Permit on an annual basis. 4. Hours of operation for the church office shall be limited to Monday through Friday 9:00 AM until 5:00 PM 5. Church Bible study classes and services shall only be on Wednesday evenings from 7:00 PM until 8:30 PM and on Sundays. 6. Termination of the Conditional Use Permit shall occur at the time this site is acquired by the City of Virginia Beach or the Commonwealth of Virginia for the construction of the relocated Princess Anne Road. 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 Fourteenth of November Two Thousand Six. November 14, 2006 - 40- Item V.J.4. PLANNING ITEM # 55800 (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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood November 14, 2006 - 41 - Item v'K.5. PLANNING ITEM # 55801 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon Application of BA YSIDE CHRISTIAN CHURCH for a Conditional Use Permit to allow construction of an additional structure for child care in conjunction with an existing church at 2224 Greenwell Road: ORDINANCE UPON APPLICATION OF BAYSIDE CHRISTIAN CHURCH FOR A CONDITIONAL USE PERMIT FOR CHILD CARE IN CONJUNCTION WITH A CHURCH ROll 0634184 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Bayside Christian Church for a Conditional Use Permit for child care in conjunction with a church on property located at 2224 Greenwell Road (GPIN 1479678710). DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. When the site is developed, it shall be in substantial conformance with the plan entitled, "Child Development Center," prepared by D. Cox, dated 6-10-06, which has been exhibited to the City Council and is on file with the City of Virginia Beach Planning Department. A final site plan with the improvements depicted on said plan shall be submitted to the Development Services Center for review and approval prior to the issuance of building permit. 2. When the child care building is constructed, it shall be in substantial conformance with the elevation entitled, "Child Development Center, Elevations," prepared by D. Cox, dated 6-10-06, which have been exhibited to the City Council and are on file with the City of Virginia Beach Planning Department. 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 Fourteenth of November Two Thousand Six. November 14, 2006 - 42- Item v'K.5. PLANNING ITEM # 55801 (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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood November 14, 2006 - 43 - Item v'X.6. PLANNING ITEM # 55802 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of ELLMER PROPERTIES, L.L. C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ELLMER PROPERTIES, L.L.c. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE REPAIR GARAGE AND BULK STORAGE YARD R0110634185 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Ellmer Properties, L.L. C for a Conditional Use Permit for an automotive repair garage and bulk storage yard on property located at 656 Military Highway (GPIN 1456376863). DISTRICT 2 - KEMPSVILLE The following conditions shall be required: 1. The site shall be developed and landscaped in substantial conformance with the plan entitled, "Conceptual Site Layout Plan for Priority Auto Center, "prepared by MSA, PC, dated 05104106, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. 2. All roadway improvements presented in the report entitled, "Transportation Impact Assessment, Priority Auto Center, " prepared by Bryant B. Goodloe, P. C, and dated September 22, 2006, shall be incorporated into the plans during final site plan submission to the Development Services Center. These improvements include but are not limited to: extending the existing southbound left turn lane to provide a minimum 300-foot storage and 200-foot taper (consequently, the northbound left turn lane located north of the Priority Auto Center entrance must be closed and signedfor No U-Turns in that direction); the radius for the Priority Auto Center entrance must be improved to accommodate WB- 50 vehicles; the existing Priority Auto Center entrance must have a minimum of two (2) exiting lanes and two (2) entering lanes with appropriate pavement markings to delineate these lanes; a traffic signal will be installed by the developer if and when the minimum warrants are met and approved by Public Works 1 Traffic Engineering; and, at a specified point during site plan review, a traffic signal bond, effectivefor five (5) yearsfrom build-out of the site, in the amount of$150, 000. 00, will be required to cover the cost of a traffic signal. 3. No land disturbance or encroachment into Resource Protection Area shall be permitted without the appropriate authorization and approval of the City of Virginia Beach Chesapeake Bay Preservation Area Board and lor the City of Virginia Beach Chesapeake Bay Preservation Area staff. 4. No outdoor paging or loudspeaker system shall be permitted. 5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted during final site plan review for review and approval by City staff November 14, 2006 - 44- Item v.x. 6. PLANNING ITEM # 55802 (Continued) 6. No advertising banners, streamers, balloons, pennants, searchlights, or similar devices shall be permitted on any vehicle or the site so as to attract attention to the site from Military Highway or the surrounding area. 7. The hours for the auto auction facility shall be 8:00 A.M until 6:00 P.M. 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 Fourteenth of November Two Thousand Six. Voting: 7-3 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: Mayor Meyera E. Oberndorf, Barbara M Henley and Reba S. McClanan Council Members Absent: James L. Wood November 14, 2006 - 45 - Item v.K. 7. PLANNING ITEM # 55803 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of FRANKLIN GAMBITO and LEONARD C. TUCA Y for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF FRANKLIN GAMBITO & LEONARD C. TUCAY FOR A CHURCH AND FELLOWSHIP HALL R0110634186 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Franklin Gambito and Leonard C. Tucay for a Conditional Use Permit for a church and fellowship hall on property located at 5317 Bayside Road (GPIN 1469523636). 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 building as a church. 2. Noise attenuation measures shall be required in accordance with the November 17, 2005, version of the Virginia Uniform Statewide Building Code. 3. The existing parking lot shall be clearly marked to delineate the required parking spaces. In addition, one (1) handicapped-accessible space must be installed in accordance with the Americans with Disabilities Act (ADA). This condition must be satisfied within ninety (90) days of City Council approval. 4. The existing freestanding sign shall be removed and all signage shall meet the requirements for churches located within Residential Zoning Districts. 5. No more than forty-five (45) people shall be present within the church during any gathering. 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 Fourteenth of November Two Thousand Six. November 14, 2006 - 46- Item v'K. 7. PLANNING ITEM # 55803 (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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood November 14, 2006 - 47- Item v'K.8. PLANNING ITEM # 55804 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of JBA ONE, L.L. C. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF JBA ONE, L.L.c. FOR A CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES, SERVICE AND BULK STORAGE ROII0634187 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JBA One, L.L. C. for a Conditional Use Permit for motor vehicle sales, service and bulk storage on property located at 930 and 940 South Military Highway (GPINs 1456134602; - 4880). DISTRICT 1- CENTERVILLE The following conditions shall be required: 1. Development of the site shall substantially conform to the conceptual site plan entitled "Preliminary Site Plan, Alex Jones Motors ", dated August 1, 2006. Said plans have been exhibited to the Virginia Beach City Council and are on file in the Virginia Beach Planning Department. 2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole-mounted and building-mounted lighting fixtures, the listing of lamp type, wattage and type of fixture. 3. Empty containers and tanks previously used for the storage of hazardous materials shall be free from residual material and vapor as defined by the US Department of Transportation Office of Hazardous Materials Standards (DOTn), the Resource Conservation and Recovery Act (RCRA) or other regulating authority or maintained as specified for the storage of hazardous material. 4. In addition to the requirements of the 2003 Virginia Statewide Fire Prevention Code, Section 2703.2.3, equipment, machinery, required detection and alarm systems associated with hazardous materials shall be maintained in an operable condition. Defective containers, cylinders and tanks shall be removed from service, repaired or disposed of in an approved manner. Defective equipment or machinery shall be removed from service and repaired or replaced. Required detection and alarm systems shall be replaced or repaired where defective. 5. Stationary tanks not used for a period of ninety (90) days shall be properly safeguarded or removed in an approved manner. Such tanks shall have the fill line, gauge opening and pump connection secured against tampering. Vent lines shall be properly maintained. 6. Permits for tank removal shall be obtained from the Department of Planning / Permits and Inspections and the Fire Department prior to removal. 7. The vehicle storage yard shall be enclosed with Category VI screening, as specified in the Landscape, Screening, and Buffering Specifications and Standards for the City of Virginia Beach. November 14, 2006 - 48- Item v'K.8. PLANNING ITEM # 55804 (Continued) 8. The vehicle storage yard may be gravel, provided a waiver of on-site improvements is requested and approved by the Planning Director or his or her designee. 9. All automotive detailing and service shall take place inside the building. 10. No outside paging or speaker system shall be permitted. 11. There will be no more than jifty-eight (58) vehicles displayed for sale on the site. The vehicles will be parked in the area designated "Vehicle Display Area". 12. Parking spaces and vehicle display areas shall be clearly delineated on the site plan; and the parking lot shall be striped in accordance with the approved site plan. Vehicles shall be parked within the designated areas, and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. 13. No advertising banners, streamers, balloons, pennants or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess offour (4) square feet installed or displayed on the exterior or interior of the windows of the building. 14. All of the areas not improved with planting beds and/or landscaping shall be maintained with a grassed lawn. The required foundation landscaping may be permitted in planters along the front and side portions of the buildings. 15. The interior of the parking lot must be landscaped according to Virginia Beach Site Plan Ordinance Section 5A.4. 16. The sidewalk along the front property line of the parcels shall be repaired. 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 Fourteenth of November 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood November 14, 2006 - 49- Item v'K.9. PLANNING ITEM # 55805 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of ANTHONY and CATHLEEN LINCOLN for a Conditional Use Permit re an outdoor recreational facility (skateboard ramp): ORDINANCE UPON APPLICATION OF ANTHONY LINCOLN & CATHLEEN LINCOLN FOR A CONDITIONAL USE PERMIT FOR A RECREATIONAL FACILITY OF AN OUTDOOR NATURE ROll 0634188 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Anthony Lincoln and Cathleen Lincoln for a Conditional Use Permit for a recreational facility of an outdoor nature (skateboard ramp) on property located at 637 Fort Raleigh Drive (GPIN 2426185142). DISTRICT 6 - BEACH The following conditions shall be required: 1. The ramp shall be built in substantial compliance with the drawing entitled "Lincoln Ramp" dated July 29,2006. 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, b) sides closed with wood, and c) roofing paper or rubber roofing between plywood and surface of the ramp. 4. The ramp shall be located on the site consistent with the site plan submitted with the Use Permit application, behind the existing shed situated in the northeast corner of the rear yard. 5. A chain shall be placed across the ramp when not in use such that the ramp cannot be used. 6. At least one adult shall be outside the house and present when the ramp is in use. 7. 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. November 14, 2006 - 50- Item v,K. 9. PLANNING ITEM # 55805 (Continued) 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 Fourteenth of November 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James 1. Wood November 14, 2006 - 51 - Item v'K.10. PLANNING ITEM # 55806 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of LOUISA A VENUE AND VIRGINIA BEACH BOULEVARD, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF LOUISA A VENUE AND VIRGINIA BEACH BOULEVARD, INe. FOR A CONDITIONAL USE PERMIT FOR A BULK STORAGE YARD R0110634189 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Louisa Avenue and Virginia Beach Boulevard, Inc. for a Conditional Use Permit for a bulk storage yard on property located at the northeast intersection of Louisa Avenue and Virginia Beach Boulevard (GPINs 2407858843; 2407858917). DISTRICT 6 - BEACH The following conditions shall be required: 1. When the site is developed, the layout shall be in substantial conformance with the plan entitled, "Tidewater Valve and Fitting, " dated 8/1/06, prepared Massey Design & Associates, P. e., which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning, with, at a minimum, the following modifications: unless otherwise authorized by the Department of Public Works, the radius on the northwest corner of the site must be depicted on the final site plan and constructed as a twenty-jive (25) foot radius per City of Virginia Beach Public Works Standards; improvements to Louisa Avenue must be depicted on the final site plan and constructed, as deemed necessary by Public Works; and, a five-(5) foot wide sidewalk along Virginia Beach Boulevard connecting to the existing sidewalks to the East and West shall be depicted on the final site plan and installed as required. 2. The fence labeled as "security fence" on the plan entitled, "Tidewater Valve and Fitting, " dated 8/1/06, prepared Massey Design & Associates, P.e., shall be a solidfence with a minimum height of eight (8) feet. Chain link and barbed wire shall not be permitted on the site. 3. In addition to the landscaping depicted on the landscape plan entitled, "Tidewater Valve and Fitting, Landscape Plan" dated 8/1/06, prepared Massey Design & Associates, P.e., the eastern edge of the stormwater management area shall be planted with low growing evergreen shrubs to aid in screening the pond. Said additional landscaping shall be depicted on the landscape plan submitted with the final site plan. It should be noted that additional landscaping may be required duringfinal site plan review. 4. The use of crusher run in the bulk storage area may be permitted provided a waiver of on-site improvements is requested and approved by the Planning Director duringfinal site plan review. 5. As long as there is a nonconforming single-family dwelling on the property immediately adjacent to the North, the hours of operation of the bulk storage yard shall be limited to 7:00 A.M. to 6:00 P.M, Monday through Saturday. November 14, 2006 - 52 - Item v'K.10. PLANNING ITEM # 55806 (Continued) 6. When the building is constructed, it shall be in substantial conformance with the elevation entitled, "Office/Warehouse Facility for Tidewater Valve," dated July 24,2006, prepared by Daugherty & Associates Architecture, which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department of Planning. 7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A Photometric Lighting Plan shall be submitted duringfinal site plan review for review and approval by City staff. 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 Fourteenth of November 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood November 14, 2006 - 53 - Item V.L.l. APPOINTMENTS ITEM # 55807 BY CONSENSUS, City Council RESCHEDULED: BOARD OF BUILDING CODE APPEALS BOARD OF ZONING APPEALS (BZA) CHESAPEAKE BAY PRESERVATION AREA BOARD COMMUNITY POLICY AND MANAGEMENT TEAM (CSA) COMMUNITY SERVICES BOARD (CSB) EMPLOYEE BENEFITS TASK FORCE HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE OLD BEACH DESIGN REVIEW COMMITTEE PLANNING COMMISSION WETLANDS BOARD November 14, 2006 - 54- Item v'L.2. APPOINTMENTS ITEM # 55808 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: William D. "Bill" Almond John F. Malbon One year term January 1, 2007 thru December 31, 2007 REAPPOINTED: R. Preston Midgett, II Kenneth C. Taylor Three year terms January 1, 2007 thru December 31, 2009 RESORT ADVISORY COMMISSION 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood November 14, 2006 - 55 - Item V. M.l. UNFINISHED BUSINESS ITEM # 55809 Mayor Oberndorf referenced correspondence from the Historic Sites Organizing Committee requesting an extension to February 27,2007, for their report to City Council and the Committee to dissolve April 30, 2007. BY CONSENSUS, said extension was APPROVED and the Committee shall dissolve April 30, 2007. November 14, 2006 - 56 - Item V. N.J. NEW BUSINESS ITEM # 55810 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council RESCHEDULED: Regular Briefing, Informal and Formal Sessions of City Council for January 2007: Combine the First and Second regular Tuesdays to be held January 9, 2007 Regular Third Tuesday Workshop to be held January 16, 2007 January 23, 2007, will be the regular Fourth Tuesday Agenda 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 Rosemary Wilson Council Members Voting Nay: None Council Members Absent: James L. Wood November 14, 2006 - 57 - Item V-D. ADJOURNMENT ITEM # 55811 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:03 P.M. Q~--~-~:,--~ Beverly 0. Hooks, CMC Chief Deputy City Clerk Louis R. Jones Vice Mayor .- Meyera E. Oberndorf Mayor City of Virginia Beach Virginia November 14, 2006 - 57 - Item V-D. ADJOURNMENT ITEM # 55811 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:03 P.M. a~___~_~~L~____ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~l~------ Vice Mayor ~ ~f-- Mayor uth Hodges Smith, MMC City Clerk City of Virginia Beach Virginia November 14, 2006