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JUNE 23, 2009 CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR WILLIAM [) SESSOMS ,JR., At-Large VICE MA YOR L01 TIS R. JONES, Bayslde - District .{ CiLENN R. DAVIS, Rase Hall- D/s/rlet 3 WILLIAM R. DeS7EPH, At-Large HARRY E. DlEZE!-, Kempsville - Dlslriel 2 IiOBERT M. DYER" Centerville - District I HARBARA M. HENLEY, Princess Anne - District 7 JOHN E. UHRIN, Beach District 6 liON A. VILLANUHVA, At-Large ROSEMARY WILSON, AI-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES ('ITY MANAGER JAMES K SPORE ('ITY A7TORNEY MARK D. S77LliS ('ITY ASSESSOR JERALD BANAGAN ('17Y AUDITOR.- LYNDON S REMIAS ('ITY CLERK RI rTH HODGES FRASER, MMC CITY COUNCIL AGENDA 23 JUNE 2009 I. CITY COUNCIL BRIEFING - Conference Room - 2:30 PM A. COMPENSATION BOARD POSITION REDUCTIONS John T. Atkinson, Treasurer II. CITY MANAGER'S BRIEFINGS CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE-(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com A. ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL David Hansen, Deputy City Manager B. INTERIM FINANCIAL STATEMENT Patricia Phillips - Director, Finance II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:00 PM V. FORMAL SESSION AGENDA - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor William D. Sessoms, Jr. B. INVOCATION: Reverend James Pugh Calvary Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 9, 2009 G. FORMAL SESSION AGENDA H. MAYOR'S PRESENTATION 1. RESOLUTIONS HONORING MEMBERS OF THE MINORITY BUSINESS COUNCIL a. Prescott Sherrod b. Luis A. Rivera I. PUBLIC HEARINGS 1. SALE OF EXCESS PROPERTY - London Bridge Road 2. LEASE OF CITY-OWNED PROPERTY - Virginia Beach Farmers Market a. Chapman's Flowers, Inc. b. Creekmore's Place c. Country Butcher, Inc. d. Virginia Garden 1. CONSENT AGENDA , I K. ORDINANCESIRESOLUTIONS 1. Ordinances to AMEND the City Code: a. SS 16-47 and 16-54 re approval of maximum sales and rental prices for Workforce Housing b. S 37-21 re conservation of the public water supply c. S 21-240 re reimbursement of expenses incurred from emergency responses d. S 23-7 re obstruction of justice e. S 35-182 re admissions taxes f. Chapter 2 re purchasing from minority or woman-owned service disabled veteran-owned businesses 2. Ordinance DECLARING 2.228 acres of land on London Bridge Road EXCESS and AUTHORIZING the City Manager to sell the property to Parrott Properties, LLC 3. Ordinance AUTHORIZING the City Manager to execute Leases at the Farmers Market for three (3) years each for: a. Michele P. Shean Spaces 23, 24, 27 Virginia Garden b. Country Butcher, Inc. Space 12 c. Elsie V. Creekmore Spaces 7, 8 Creekmore's Place d. Kenneth A. Chapman Spaces 3,4 Chapman's Flowers, Inc. 4. Ordinance AUTHORIZING the Director of Housing and Neighborhood Preservation to reimburse an employee $1,500 from the FY2008-09 Operating Budget for legal fees and expenses incurred in defense of the performance of his official duties 5. Ordinances AUTHORIZING temporary encroachments into a portion of City-owned property for: a. Gary Robinson to construct and maintain rip rap and a walkway at Lake Rudee at the rear of 606 Goldsboro Avenue b. Charles Dale Everhart to construct and maintain two piers, gangway, floating dock and boatlift in Treasure Canal at the rear of 2213 Leeward Shore Drive 6. Ordinance PROVIDING for bids for a Lease of a portion of City-owned property at 320 Sandbridge Road (Sandbridge water tank site) re constructing, maintaining and operating wireless telecommunications facilities II il.1 7. Ordinance to APPOINT three (3) Viewers for one-year (1) terms beginning July 1,2009, re the closure of streets and alleys: a. Director of Planning b. Director of Public Works c. Director of Parks and Recreation 8. Resolution re an application of the VIRGINIA BEACH SCHOOL BOARD to the Virginia Board of Education for a Literary Fund loan in the amount of $4,768,954 for school construction 9. Resolution EXTENDING the term of the Green Ribbon Implementation Committee to December 31, 2010. 10. Resolution SUPPORTING the Virginia Beach Community Development Corporation's (VBCDC) application for their Block Grant Neighborhood Stabilization Program funds in the amount of $1 ,500,000 re VBCDC Homeownership Program. 11. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $750,000 from the Capital Improvement Program (Fire Training Center Improvements, Phase III) to the Fire Department's FY 2009-10 Operating Budget to fund programs, services, training and equipment b. $188,950 interest free loan to the Ocean Park Volunteer Fire and Rescue, Inc. re the purchase of a replacement ambulance c. $83,200 to be returned from Information Technology to the CIT-Police Telestaff T &M Module and repurpose $539,760 to the Police DEA Seized Assets for a matching federal grant d. $28,290 Cost Recovery Revenue to the Fire Department's FY 2008-09 Operating Budget and $1,781 to the Fire Department's Gift Fund re designated expenditures e. $10,000 from the Second Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and donated to the Virginia Beach Health Department's Healthy Families Program f. $6,512 from the U.S. Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the FY 2008-09 Fire Department Operating Budget re deployment of the Virginia Task Force-2 (V A-TF2) Urban Search and Rescue Team L. PLANNING 1. Application of KATHY MAALOUF for an Expansion of a Nonconforming Structure at 1365 Goose Landing to enclose a front patio to be used as a home office. DISTRICT 6 - BEACH RECOMMENDATION APPROVAL I! 1111 2. Application of JACK FEREBEE, ET AL requesting a one (1) year extension to satisfy the conditions for the closure of a portion of an unimproved alley between 55th and 56th Streets from Holly Road to Myrtle Avenue, Ubermeer Subdivision re combining the alley with their adjoining lots DISTRICT 5 - L YNNHA VEN STAFF RECOMMENDATION APPROV AL 3. Application of 5073 VIRGINIA BEACH BOULEVARD, L.L.C. for the Closure of an unimproved portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROVAL 4. Application of MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER for a Conditional Use Permit re a church at 461 A-B South Lynnhaven Road. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROV AL 5. Appplication of BLESSED HOPE CHRISTIAN CENTER for a Conditional Use Permit re a church at 5691 Weblin Drive. DISTRICT 2 - KEMPSVILLE RECOMMENDA TION APPROV AL 6. Application of SOUTH UNIVERSITY BY EDUCATION MANAGEMENT CORPORATION for a Conditional Use Permit re a public or private college or university at 301 Bendix Road. DISTRICT 5 - L YNNHA VEN RECOMMENDA TION APPROV AL 7. Application of JIM WOOTTON for a Conditional Use Permit re a private boat dock at 1732 Lovetts Pond Lane. DISTRICT 5 - L YNNHA VEN DISTRICT RECOMMENDA TION APPOV AL 8. Application of INDOOR KARTING CENTERS OF AMERICA, LLC / JLB PROPERTY ASSOCIATES, LLC for a Conditional Use Permit re an indoor commercial recreational facility at 2736 North Mall Drive. DISTRICT 3 - ROSE HALL RECOMMENDATION APPROVAL II , 11'1 9. Application of THE HOPE LUTHERAN CHURCH for a Modification of Conditions (approved by City Council on May 15, 1978, January 22,1991, March 22,1994, February 11, 2003, January 8, 2008) to expand the sanctuary, child care and youth education and ADD a picnic sheltered area at 5350 Providence Road. DISTRICT 2 - KEMPSVILLE RECOMMENDA TION APPROV AL 10. Ordinances to AMEND the City Code re: a. Subdivision Regulations, Appendix B, S 6.3 pertaining to final plats and data b. Site Plan Ordinance, Appendix C, S 4.1 pertaining to the information required on site development plans c. S 4.1 of Appendix B, Subdivision Regulations pertaining to the deletion of the minimum right-of-way width and minimum paved width for minor subdivision streets M. APPOINTMENTS BEACHES and WATERWAYS COMMISSION BIKEW A YS and TRAILS COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION MINORITY BUSINESS COUNCIL P ARKS and RECREATION COMMISSION N. UNFINISHED BUSINESS O. NEW BUSINESS 1. ABSTRACT OF VOTES - Democratic Primary Election, June 9, 2009 P. ADJOURNMENT Agenda 6/23/09gw www.vbgov.com Ii i COUNCIL SCHEDULE FOR JULY AND AUGUST Virginia Beach City Council Will Host a PUBLIC MEETING 7:00-8:30 PM THURSDAY, AUGUST 13TH Virginia Beach Convention Center Purpose: Discuss 2010 General Assembly Legislative Agenda *********** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * '1 - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 23, 2009 Mayor William D. Sessoms, Jr., called to order the CITY COUNCIL BRIEFING Fe COMPENSATION BOARD POSITION REDUCTIONS in the City Council Conference Room, Tuesday, June 23, 2009, at 2:30 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None June 23, 2009 "I - 2 - MAYOR '8 INTRODUCTION ITEM # 58931 Mayor Sessoms introduced Brett Gazard, student of the Legal Studies Academy - First Colonial High School, who was attending the City Council Session. June 23. 2009 'I - 3 - CITY COUNCIL BRIEFING COMPENSATION BOARD POSITION REDUCTIONS 2:30 P.M. ITEM # 58932 The City Manager introduced John Atkinson, City Treasurer, to advise City Council re an issue with the State's compensation to State employees in the Treasurer's office. Mr. Atkinson referenced correspondence distributed to City Council in their Friday package: Said information is hereby made a part of the record. Correspondence from the City Treasurer outlining notice from Robyn M de Socio, Executive Secretary of the State Compensation Board, advising of the Board's pending cut of three (3) positions from his FY 2010 State Budget. Correspondence to Chairman Frank Drew - Virginia Compensation Board, from the City Treasurer requesting the opportunity to appear before the Board to appeal their finding. To date, there has been no response. Memorandum from Catheryn R. Whitesell, Director - Management Services, to John T. Atkinson, City Treasurer, detailing Management Services findings and agreeing with his decision to appeal this reduction in staff support from the Compensations Board. The State's own data indicates justification for Virginia Beach to have fifty (50) state- supported Full Time Employees (FTEs). The Virginia Beach Treasurer's Office currently has the fifteenth heaviest workload in the State. After these three (3) personnel are "cut "from his Budget, Mr. Atkinson will have the heaviest workload in the State, He has not heard from Chairman Drew and does not expect to. The three (3) personnel are involved in the State Income Tax Division. The City of Virginia Beach pays 'half the salary and the State pays 'half. If that Division is eliminated, the work is sent to the State to be performed. In essence, the State will be receive $100,000 worth of labor and the City will have $50,000 to utilize elsewhere. The main problem is the individuals impacted are those who estimate the income tax owed at the end of the year. This service will disappear. There will be an inconvenience factor, as it is impossible to get anyone on the phone in Richmond for anyone with these concerns. Mr. Atkinson advised his correspondence does not adequately describe the impact of these State cuts nor does it reflect the reduced service citizens will receive when he is forced to eliminate processing of State and Estimated Income Taxes. The standards do not depict that Virginia Beach is the largest processor of State and Estimated Income, other than the Department of Taxation, or that they collect and remit to the State over $32,000,000 annually. Council Lady Wilson advised Mr. Atkinson has never made a request of this nature and urged support of maintaining the three (3) positions. Council Lady Henley advised, during discussions of the Budget, one of City Council's concerns was whether or not to "pick up the slack" from State cuts. Council Lady Henley appreciates the excellent job of the City Treasurer and his concern. However, she does not appreciate the State continuing to hand down budget cuts to the City Council such as the funding lost to Highways. June 23, 2009 - 4 - CITY COUNCIL BRIEFING COMPENSATION BOARD POSITION REDUCTIONS ITEM # 58932 (Continued) Mayor Sessoms advised the City gave back 'half of what it had cut to the Constitutional Officers; however, these State cuts are an unexpected situation. Mayor Sessoms requested the City Manager to review and determine iffunding can befoundfor these three (3) positions. Councilman DeSteph believes the State Delegation should be advised of the additional State cuts which the City has absorbed this year and noting that this cannot be continued as it has in the past several years. Councilman DeSteph inquired if the City restored $25,000, could Mr. Atkinson derive the other $25,OOOfrom his Budget? Mr. Atkinson will review this request. Council Lady Henley requested a list of all positions cut from the Budget, particularly those with the Constitutional Officers. Councilman Dyer suggested this topic be discussed during the Retreat with the focus on core essential services. June 23, 2009 I;! - 5 - C IT Y MANA G E R 'S B R IE FIN G ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL 2:43 P.M. ITEM # 58933 The City Manager advised on June 5, 2009, an unsolicited proposal was receivedfrom Armada Hoffler to assist with the construction of the City's Adoption Friendly Animal Shelter. David Hansen, Deputy City Manager, displayed the information re the Animal Shelter Design Understanding, Style and Function, which the Public was presented during the Public Forum in Building 19, on March 3, 2009: 2008 ~ March ~ April ~ July 2009 ~ March ~ June 3 ~ June 5 - Council Resolution ADOPTED re Adoption-Friendly Animal Shelter - Public Forum on Transformation of Shelter - Policy Report submitted to City Council - Second Public Forum on Facility Requirements - Published Programming and Public Meeting Report - Received Unsolicited Proposal Favorable Impact of Good Shelter Design on Operations Healthier animals Increase in adoptions Lower maintenance costs Lower incident and accident rates Lower euthanasia rate Better community relations June 23, 2009 "I - 6 - C I T Y MANA G E R 'S B R IE FIN G ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL ITEM # 58933 (Continued) Mr. Hansen displayed exteriors of various Animal Shelters throughout the United States: Montgomery County Animal Resource Center Pinel/as County Animal Shelter and Adoption Center Frederick County Animal Shelter Berkshire Human Society Human Society of the Treasurer Coast Kent County Humane Society Collier County Animal Services Dayton, Ohio Largo, Florida Winchester, Virginia Pius field, M assach usetts Stuart, Florida Grand Rapids, Michigan Naples, Florida With these exteriors, there has to be warmth within the Shelter. When the public visits the Shelter, the public must feel this is a healthy environment to look favorably re adopting a cat, or dog. Lobby and Reception takes on a great meaning. It must be accessible with enough room for the public to maneuver. Additional public areas encompass the "Surrender" area, "Get acquainted", Humane Education, Interactive Exhibits and Children's Activities. The largest component of the Shelter is the Dog and Puppy Housing. Different configurations were displayed. There are also exercise areas with Cat Housing a much smaller footprint. Additional areas of concern are the Surgery Suites. One of the largest drawbacks on Leroy Drive was when someone comes in to adopt an animal, there is no capability to spay or neuter the animals prior to the adoption. Break rooms, training rooms, locker and rest rooms are very important and provide needed respite areas for shelter staff. Support areas such as laundry, grooming, food storage and food preparation are designed to minimize walking distances and maximize efficiency. June 23, 2009 "I - 7 - C IT Y MANA G E R 'S B R IE FIN G ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL ITEM # 58933 (Continued) Acoustics plays a major part in the Adoption-Friendly Animal Shelter. Security, Incinerator and Training Room are still a major aspect of the Shelter. June 23, 2009 "I - 8 - C IT Y MANA G E R 'S B R IE FIN G ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL ITEM # 58933 (Continued) In today's environment, sustainability is a key ingredient re proceeding with the design. Mr. Hansen displayed functional diagrams of the facility. Mr. Hansen cited the following statistics re the results of Cuyahoga County in Cleveland. Ohio, and their investment in Animal Services: 78% increase in annual visitors to the shelter Volunteers increased form six (6) to one hundred sixty-five (165) people who donated over 5,000 hours of service. Within the first two months, adoptions increased 100%. After one year, Adoptions were 24% to 28% over state and national benchmarks Chesapeake is investing $14.2-MILLION, plus an addiointal $2-MILLION in 28,000 square feet of a new Animal Shelter. On June 3, 2009, the staffpublished a Programming and Public Meeting Report re the Adoption-Friendly Animal Shelter Animal Shelter Project/Requirements General It is the intention of the City of Virginia Beach to replace the existing Animal Control facility on Leroy Drive with a new Adoption-Friendly Animal Shelter y at a new site (TBD) to meet the needs of the City; promote and increase adoption rates; reduce, control, and manage disease; meet the expectations of the citizens; and, expand services in a modern, energy efficient and architecturally pleasing institutional quality building. Project Objectives . Increase and/or maximize the adoption rates Decrease disease and disease transmission and provide facility features to manage disease issues An expandable floor plan designed with a central core of functional areas with the ability to increase the capacities of the different categories of holding areas with minimal disruption of daily operations Acoustical controls throughout the facility. Project goal - Those in the lobby area and staff administration area should not hear barking dogs from the holding areas The facility is to be designed and constructed with green building substantial features and is to achieve a Us. Green Building Council LEED certification. Features should include: solar panels/power, rain-water collection, geo-thermal, etc Essential Facility: The facility will have continuous operations during any weather event. The facility wind speed design will exceed local building codes to withstand hurricane Category 2 events. The facility will have full emergency power . . . June 23, 2009 "I 'I - 9 - C IT Y MANA G E R 'S B R IE FIN G ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL ITEM # 58933 (Continued) AnimaISheherProjec~Requ"emenff The project proposal, design and construction will be infull compliance with all applicable codes and standards to include, but not limited to: Federal Animal Welfare Act, Title 9, Code of Federal Regulations/Dept of Agriculture · "Guidelines Pertaining to a pound or enclosure to be Maintained by Each County or City" administered by the Division of Animal Industry Services, Office of Veterinary Services The Humane Society of the United States · American Humane Association American Animal Hospital Association Adoptions Area This area to provide the public access to the facility, reception and lobby area. public restrooms, pet visitation/get-acquainted rooms Surrender/Intake Area · This area is to provide an alternative access point for the public to bring in and surrender animals. This is a disease control feature Administration This area to provide office area for the Shelter Director, Animal Behaviorist, Adoption Counselor, Adoption Coordinator, Kennel Manager, Volunteer Coordinator, Volunteers, call room, clerk area, training/conference room, caretaker workspaces, break room, file/storage and training/conference room Canine Holding Canine holding will be segregated by classification of dogs with the capacities shown below. Animal waste will be removed via facility features addressing maintainability, ease of cleaning, and elimination of any communal contract among other animals. This is a disease control feature. Design features of dog holding area should address stress reduction of the animals by control of sight-lines, public viewing and staff interaction Feline Holding · Feline holding will be segregated by classification of cats with the capacities shown below. The feline adoption holding will be integrated with the lobby area to create a feature presentation function. · Pocket Pets/Exotics · Holding and display area for 10 small animals, birds and reptiles SurflicaWet Area · The surgery and vet area is to provide spay and neutering procedures and inoculation of animals upon their receipt at the facility · LivestocklLarfle Animals/Poultry Provide holding areas in a separate detached facility on the same site to house 3 large animals/ livestock and hold 16 poultry · Surrender/Receivinfl · This area is to provide a two-truck Sally Port for Animal Control Officers to transfer animals to the shelter. The Sally Port will include a workstation and restroom/clean-up station for the officer and cleaning of animals. The euthanasia room,freezer and crematory will be included in this area. The temporary holding of dogs and cats for court cases will be in this area. · Support Areas These areas to provide sufficient space for loading docks, maintenance, general storage, animal food preparation, animal food storage, laundry rooms, animal grooming room, animal cleaning room, male/female locker rooms, mechanical rooms, electrical rooms and telephone/computer rooms. June 23,2009 'I "I - 1 0 - C IT Y MANA G E R 'S B R IE FIN G ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL ITEM # 58933 (Continued) Animal Shelter Project/Requirements Classification Dogs Cats Adoption 45 20 Stray 70 30 Feral 10 20 Isolation 10 15 Surgical Recovery 11 10 Temporary/Court Holding 10 12 Puppies 10 Total 166 107 Mr. Hansen advised on June 5, 2009, the City received an unsolicited proposal from Armada Hoffler to construct the shelter. Public-Private Education and Infrastructure Act (PPEA) 2002 Guidelines ~ Public-Private Education and Infrastructure Act of 2002 adopted by City of Virginia Beach on June 24, 2003 ~ Qualifying Projects · Public Educational Facility · Buildinfl or facility for principal use by any public entitv* · Improvements and equipment necessary to enhance public safety and security of public buildings · Utility and communication infrastructure · Recreational facility · Technology and community projects *Applicable to the proposal received by Armada Hoffler ~ Contents of the Unsolicited Proposal (4 Tabs): 1. Qualifications and experience 2. Project characteristics 3. Project financing 4. Anticipated public reaction, project benefit and compatibility ~ Proposal evaluation process: (4 Steps): 1. Determine whether or not to accept the conceptual proposal 2. Give public notice and allow submission of competing proposals 3. Review all conceptual proposals 4. Select proposals for in-depth detailed review June 23,2009 II II' - 11 - C IT Y MANA G E R 'S B R I E FIN G ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL ITEM # 58933 (Continued) ~ City Council Decision Points (3): tc In step #1- to accept/reject the unsolicited proposal tc In step #4 - proceed/not to proceed into the detailed phase tc Following detailed review phase - select a final partner and approve the negotiated Comprehensive Agreement The team companies and their respective roles are as follows: Armada Hoffler Development Company Armada Hoffier Construction Company Gurnsey Tingle Architects Developer and Team Leader - General Contractor - Architect/Designer Project Characteristics Description of the project: The design of the new Adoption-Friendly Animal Care and Control Facility will be multi-functional and user-friendly: · Areas for animal services (housing, public play, a sally port, animal support - grooming, food storage and preparation, laundry) · Public areas (main lobby, "get acquainted" rooms, surrender rooms, humane education, interactive exhibits and children's activities) · Medical/veterinary needs (pre-education, pre-op and post -op rooms, surgery suite, vet area and secure storage) · Staff area (offices for ACOs, kennel staff and administration, break rooms, training, lockers and restrooms) Separation of animal areas in order to: . Minimize disease transmission and stress Species specific habitats Separation of get acquainted and surrender rooms Elaborate HVAC and plumbing design to accommodate the specialized needs of the facility Appropriate acoustical materials to contain animal noise Advanced technology to track all aspects of canine/feline residents Security measures to protect both the animals and the public Open accessible floor plan for lobby/visitation Views of private areas to be minimized . . . Sustainable design techniques and building materials to ensure a facility that is appropriate to its inhabitants and surroundings June 23, 2009 " I - 12 - C IT Y MANA G E R 'S B R I E FIN G ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL ITEM # 58933 (Continued) Preliminary Estimated and Estimating Methodology There are three (3) components to the Armada HoJJler cost reduction strategy: Armada Hoffler (AH) will donate its development services, general administration costs and our customary overhead and profit. Only personnel working at the jobsite will be reimbursed. · AH will solicit subcontractors in all trade categories who are willing to make similar commitments to the project. They will solicit material suppliers to donate many of the specified building supplies or, alternatively, donate City approved substitutions. At minimum, they hope to procure all materials at supplier cost. Proposed Schedulefor Work . The team expects that the City will perform any work not traditionally contained in construction documents, such as expenses for furniture, fIXtures and equipment, etc. Preliminary design and budgeting of a new Adoption-friendly Animal Care and Control facility will take between 90 and 120 days Concurrently the AH team will assemble a comprehensive list of potential vendors and subcontractors Officials would then formally hire the Architect to complete the design as AH begins soliciting donations The City will purchase the design documents from the Architect and will then be free to use them in any manner This initial phase continues into the first quarter of 201 0; at that point, a significantly reduced budget reflecting the altruism of our local building industry will be presented Start construction as soon in early Spring 2010 as possible . . . . Assumptions Underlying All Major Elements . The City Council will support the strategy set forth in the conceptual proposal and, upon presentation of a design/construction budget, will identifY funds to be allocated toward the new facility The City and the Developer will enter into a mutually acceptable Comprehensive Agreement together with the facilitating project documents discussed as contemplated by the Public/Private Education Facilities Act of 2002 Market conditions will support the timely development and construction of the project The Planning staff, Planning Commission, Police Department and other related City agencies will support the project The City will adopt operations and marketing policies to ensure the attainment of its goals in this arena and the long-term success of the facility . . June 23,2009 'I "I - 13 - C IT Y MANA G E R 'S B R IE FIN G ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL ITEM # 58933 (Continued) Project Benefit and Compatibility The construction of a new adoption friendly animal facility will: Result in numerous benefits for the City and its citizens Permit a healthier, more sterile environment for the resident animals, resulting in better medical care, a decrease of disease transmission and lower incident/accident rates Thefacility's educational component may contribute to a lower rate of surrendered animals Maintenance costs should drop · An increase in the number of visitors can be expected as well as an increase in volunteer personnel and hours · These factors will financially benefit the City with revenue generated from an increase in animal licenses and lower costs in covering paid personnel expenses Enhance the safety and welfare of the community at large · The City will continue to include residents in discussion during the design phase and will contribute to better community relations with strong support for the new facility and programs Public - Private Community Partnership · Briefed Council of Civic Organizations -10 June 2009 Executive Committee meets Wednesday · Favorably received Potential for Virginia Beach Council of Civic Organizations to partner with Virginia Beach City Public Schools Staff Recommendations · City Council accept the proposal · Staff generates scope and advertises a Request For Proposal (RFP) Receive and review submissions · Return to City Council no later than mid-November with results and recommendations The Adoption Friendly Animal Shelter site evaluations will be presented during a future City Council Session. The City Manager advised, in discussions with Armada Hoffler. he stressed the Resource Management Plan was just adopted May 12, 2009, and other than then $2.3-MILLION, which is all that is available for the design and site selection. The real construction budget will have to wait until July 1,2010, as well as the decision of City Council re sorting out the other priorities. Armada Hoffler will be soliciting material to donate many of the specified building supplies. Council Lady Henley wished to be assured this will be kept in a certain area of City cost. Council Lady Wilson advised this is not the first time Armada Hoffler has assisted the City with a project and they are very generous in providing this offer. The City must be cognizant of making sure that the cost is kept at a minimum and the facility is not overbuilt, making sure the facility is functional and healthy. Mr. Hansen believes Armada Hoffler's proposal could be worth upwards of $5-MILLION. June 23,2009 1'1 II' - 14 - C IT Y MANA G E R 'S B R IE FIN G ADOPTION-FRIENDLY ANIMAL SHELTER - UNSOLICITED PROPOSAL ITEM # 58933 (Continued) Councilman Wood recalled the Volunteer Recognition Garden Gazebo Ribbon Cutting, on Thursday, June 18, 2009. The Gazebo was built by Armada Hojjler for the City and is worth in excess of $1 00, 000 at No Cost to cost to the City. Councilman Dyer concurred and believes this is a tremendous opportunity and could be a template of other major ticket projects such as Bayside Recreation Center which is another item the City cannot afford at the present time. Councilman DeSteph referenced the Animal Services building in Naples, Florida, (Butler Building), which was similar to the type of building City Council discussed approximately a year or two ago, when the budget comprised S2-MILLION not S5-MILLION Six (6) months ago, a $28-MILLLION brick building was discussed, more in line with the City Hall or Courthouse. From an expectation management standpoint, all must be in agreement. Is this a S5-MILLION or S28-MILLION facility? Vice Mayor Jones inquired re options concerning design. Mr. Hansen advised Armada Hojjler will propose a concept and will use the City's requirements document to size it accordingly. City Council and s tqff will provide their comments and advice. Vice Mayor Jones does not want the facility to envelop all the City's Capital Improvement Program funds and thus prohibit other projects. City Council should have the choice as to design. Mayor Sessoms expressed appreciation to Armada Hojjler and wishes this project to occur. As there are other projects, this will evolve into a funding mechanism. As City Council will hold a Retreat on August Third and Fourth, they can discuss the future major projects. The City Manager advised Virginia Beach Public Schools just opened the Great Neck Middle School at S35-MILLION The Estimate was S55-MILLION Mayor Sessoms noted with this type of savings, a Fire Station, School, Recreation Center or an Animal Shelter could be built. Mayor Sessoms inquired re the hiring of the Animal Control Manager. Police Chief Jacocks advised the position just went forward with a second advertisement and over one hundred (100) applications, which are being sorted through. Interviews are scheduledfor July 30, 2009. The City Manager advised an Interview Panel has been involved with screening the applications and interviewing. BY CONSENSUS. City Council shall move forward with the next step. June 23, 2009 i ~ Ii , - 15 - C I T Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58934 3:30 P.M. Patricia Phillips, Director of Finance, presented the Interim Financial Statements for July I, 2008 through May 31, 2009. Ms. Phillips recognized Don Barnett - Comptroller, Wendy Hu - Principal Accountant and Loretta Brown - Executive Assistant. ~ General Fund - Update FY 2009 Revenues FY 2009 Expenditures Projections Next Steps FY2009 Year To Date General Fund Revenues Compared to Historic Trend May 31, 2009 60% 100% ~ " ! :1 ]3 ~ ... o ~ & 60% 40% 20% 0% ~ ~ - ~ - ~ - ~ * ~ ~ ~ ,----.----..-----.---------.- -----1 I ....... Historic Trend -~-Percent of FYOg Budget . FY 2009 - General Fund Revenues ~ Total Revenues are $756.6-MILLION - 70.7% ~ Slightly below historical average (71.6%); behind compared to 2008 (71.1%) ~ Many items are on a 2-month lag ~ Personal Property tax due June 5 ~ Interest rate environment ~ Economy (IN MILLIONS) Budget Actual Variance % of BudKet FY 2007 $ 963.6 $ 970.2 $ 6.6 0.7% FY 2008 $ 1,026.4 $ 1,018.4 $ (0.8) (0.8%) June 23,2009 1;1 II' - 16 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58934 (Continued) Real Estate Revenues Mav 31.. 200S - 2009 $600 $500 c $400 ~ :i .. w " ~ $300 c " > ~ $200 $100 $0 FY 2005 100'.. FAVORABLE TREND BUDGET 90% 80';' 70% 60% 50'/t 40% 30% 20'.. 10% 0% FY 2006 FY 2007 FY 2008 FY 2009 I C!IIllIDAnnual Colleetlons _no ~.4 of Total I Projections are almost 59-MILLION over budget Personal Property Taxes - Local (exclude, PPTRA) May 31, 2005 - 2009 $100 100% $90 UNFA VORABLE TREND $80 BUDGET $78.3 $70 $71.5 75% $60 $50 50% $40 $30 26% $20 $10 $0 0% FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 [-~Annual".COIIeCUOnS _YTO -o-.('OfTO~ ~.~----"--_.._-,.-. Mrs. Phillips detailed the difficulty of budgeting so far in advance of the annual collection of property taxes. The Billing is not until April of each year with the tax due June Fifth. Projection is expected to be approximately 512-MILLION under budget June 23,2009 II III - 17 - CITY MANA GER 'S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 58934(Continued) PERSONAL PROPERTY TAX RELIEF ACT PPTRA) -STATE Budget for FY 2009 $53.4-MILLION Projected Schedule/or FY 2009 rt Payment, November 15, 2008 $ 6.5-MILLION 2nd Payment, July 31,2009 $42.5-MILLION 3"; Payment, August 15, 2009 $ 4.4-MILLION Risk General Sales Taxes May 31, 2005 - 2009 $100 100% UNFAVORABLE TREND $90 '0'% 83.2% 83.2% 83.7% 83.3% <; C C ~77.1'10 $80 80% e: ~ ~ $70 70% e: 0 :i 1l .. J! ~ $60 &0% 8 . ~ ~ ~ $60 60% ~ .... 'l; $40 40% ;/I. $30 30% $20 20% $10 10O/a $0 0% FY 2006 FY 2006 FY 2007 FY 2008 FY 2008 L C:::::::UAnnLlal Collections _YTD -0-% 01' Totill The General Sales Tax is approximately 4.1% less collected than at the same time last year. Estimate is $3-MILLION to $4-MILLION under budget Utility Taxes May 31, 2005 - 2009 $6. $5. e: $4. ~ :i .. .. 1: $3. ~ . 0:: $2. $1. $0 FY 2005 $49.1 80.4% $49.4 100';' BUOGET 90% $49.0 80'!. 70'1, 60'!. 60% 40% 30% 20% 10% 0% FY 2009 UNFAVORABLE TREND FY ZOOI FY Z007 FY 2008 I Il::IIiIl:tJAnnual Collection. _VTD _'to of lobll June 23,2009 "I "I - 18 - C IT Y MANA G E R 'S B R IE FIN G INTERIM FINANCIAL STATEMENT ITEM # 58934 (Continued) The Utility taxes most recent estimate is $1 - $2-MILLION under budget due to dealer's discount and energy conservation. Business Licenses (BPO L) May 31, 2005 - 2009 $60 -c- .- 98.2% $50 $40 $30 $20 $10 $0 FY 2005 UNFAVORABLE TREND -. ~----- --c ---"-"-"--------:~--"-.- -------.----.--" 98.5% 97.0% 98.3% --0 93.3% 100% 90% BUDGET $43.2 80% 70% 60% 50% 40'/. 30% 20% 10% 0% FY 2006 FY 2007 FY 2008 FY 2009 I am:&Annual Collections _VTD -0>-% of Total I J(I BPOL renewals in March. Actual collections down 1.9% compared to FY2008. Commissioner of Revenue projects $2-MILLION to $3-MILLION under budget due to economic downturn. Hotel Room Taxes May 31, 2005 - 2009 $36 100% UNFAVORABLE TREND $30 91.5% 91.8% 91.4% C ~ : 90% $26 c ~ i 80% ... $20 .. . ~ ~ . $16 0: 70% $10 60% $G $0 60% FY 2006 FY 2006 FV 2007 FY 2008 FY 2009 ~Annual Collections _VTO -6-% of Total I Actual collections are approximately 2.2% less than last year. Year-end Projection: <$1.IM> - Below budget. June 23,2009 1'1 II! - 19 - C I T Y MANA G E R 'S B R I E FIN G INTERIM FINANCIAL STATEMENT ITEM # 58934 (Continued) Concerning the Hotel Room Taxes, Mayor Sessoms asked to be provided iriformation concerning the trend, by Jim Ricketts, Director - Convention and Visitor Development.. Restaurant Meal Taxes May 31, 2005 - 2009 $80 $70 $60 91.1% c:: <; ~ :i1 $50 ... .. " ~ c:: $40 " > ~ $30 $20 $10 $0 FY 2005 100% ACCEPTABLE TREND 91.1% : 91,1% : 91,0% BUDGET >- 90% 80% 70% FY 2006 FY 2007 FY 2008 FY 2009 r &:::mIIAnnual Collections _YTO -0-% of Total! Slight downward trend in Restaurant Meal Taxes. (approximately 90.2%). Permits and Licenses May 31, 2005 - 2009 $7 -----.-----------__..______. ...------.. 100% 89.6% $6 $5 c:: ~ :i1 ': $4 ~ c:: ~ ~ $3 $2 $1 $0 FY 2005 UNFAVORABLE TREND 89.1% 91.0% 89.8% BUDGET $5.8 90'11 80% 70% 60% 50% 40% 30% 20% 10% 0'11 FY 2008 FY 2009 -->-"1. of Total I FY 2006 FY 2007 I c:::::DAnnual Collections _YTO Building permits is somewhere in the 28% to 30% decline. June 23.2009 - 20- CITY COUNCIL BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 58934 (Continued) City Tax on Deeds May 28, 2005 - 2009 $14 UNFAVORABLE TREND $12.3 $12 $10 $8 $6 $4 $Z $0 FY 2005 FY 2006 FY 2007 FY 2008 FY 2009 [ a:cDAnnual Conections _YTD -O-%, of Total r City Tax on Deeds depicts an Unfavorable Trend. Summary of General Fund Revenues is hereby made apart of the record. FY2009 Year To Date Gencral Fund Expcnditures Compared to Historic Trend May 31, 2009 100% 100.0% 80% i1 .a :a c: ! 60% B ~ ~ 40% .. c: I 20% 0% Jul Aug Sep Oct Nov Dee Feb Jan Mar Apr May ........Historic Trend -X-Percent of FY09 Budget ~ Total at May 31. 2009: 90.4% and the Historical Trend is 93%. III II' 100% 90% 80% 70% 60% 50% 40% 30% 20% 10% 0% 14 Jun Ih Mrs. Phillips believes the savings on expenditures would more than offset the loss of the Revenues. June 23,2009 --- ---~-'-'" --- . ...--. ---~..""_.-----.....,....-.- I"" ~t- ..... r-: ~~ :.....; ,-.. ,-",-,,'-"'-"~M<:t ~ ~~~~~~O~~~~~~~~'" ~qO~~~~~~ . . . 'o'6~~~o~o 06('\ ,~...:o('\~~o::.::.~ vvvv"v <Fr....o'-"----'-"~'-"'-" ---- '\ \ (,Ii OJ ~ t ~ "'d ~$ ~~~ ~ ~S <:.it'" ---"" ~ ,...~~ OJ~'$ ~ ~~ ~ ~ 0 ~"$ o ~ ~ % ~ r.f) ~?4.?????????~~~????~~?~ Q Q Q Q Q ~ ~**~~~~~~~~'f.~~~'" ~ ('\ M ~. t-, <'\ <'\ '" 00, ' ' . Ii oj) ...: .f "':Oc-\t-~O~~~~~~~OO~-o t- $) ..... t- t- Q\ '-I' \~~~~~~ ..... <:t \() 'l\ o. t-. cloo.....oo "o......t-('jJ('jJt- \ \() ..... \() ('jJ Q\ \() ('\ O",~~~~",-o~~t- 'OO~06oj) t- "'. '" . ~ .f 0 ...: 0 ,.: '" ~ ~ ~ ~ '" ~ '" 00 ~ ~ ~~-O~"'~~('\~ ~ ~ ~ ~ "0 .~ $ S rJ';. "C i ~ o.....\()\{)('jJ\()('l.....~ <'\<'\~~~t-<'\~~~~,.:oj)"'.f"'...:,.:...:~ (j\('jJ~\()~~~M..... t":'t-\{)\{) "'I "'1"'1 ~ rJ1 ~ ~ ~ .~ ~ ~ ~ ~ ~ ~ S ~~ ~ ~ ~ ~9:. ~ ~ s 't~ ~ ~ ..~ .. 0) W o:,,~o: .- ~," ~ ~ ~", ~" ~9."';:.0) 'f, t ~ ~ ~ ~ '.:: ~ ~ ~ ~ 'e ~ '6 '~ :e, .s t '" ~ .e 'f, ~~~\" ~ t:" ~~~ % O)~ 1I';lO ..4.ci'. ~ ~ 01 ~.. p. p." ..; 0) \" ,,,_.... 0 \l.. 'i:: ~:l O)~ :: ? .. :: \" 0 0 0) '" ~ .~ S .. 0) :: $ '> 0: 0 ~ " >:t '" .. 01 3 tl 01 0) r;. r;. ~ ~ ..... \" '" 0 .a .. II \) :: .. 4. -a \) ? I" \I \ ~ ~ ~ ~ l/l .. 'a " ~ 0).0 " .. ~ 'i:: .a .. ~ .. ~ ~ ~ 'i 01,1 OJ .. .. .. ~ \" '"' 't ci'. t: 9. .." 0) ~ t) '-\ ';:, 0) '"' .. Cl ,.. .'!J. Co Co e ~ ~ ~.... ~ 'CoO \" 0) ,\I. '!!; !l 'il ... ," \) 0) II OJ 3 'i \lol 0 0 0) .. ~ ," 0) .... ... ~ at:\:' ~ "',,:\.<: a 'C \0 ~<a II 'C. t:'~ ~; 'C ,'l!>:l ~ %~" 0)0l 0) ~ &0 rJl ~ * ;.11. ~ ~ ~ ? ci'. ~~.~~--._--- ---.. .---.----'" .....-........- Q\\()('jJ ....., ~ 0 aNt:: ..... o~ ..... tft II I ;'1 II' I - 21 - CITY COUNCIL BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 58934 (Continued) General Fund FY 2009 Expenditures ~ Total at May 31,2009: $1, 029. 6M, or 90.4% ~ Historical Trend 93.2% ~ Projected Expenditures at June 30,2009 = $1,105 M ~ Budgeted Expenditures = $1, 139M ~ Historical Comparison - Budget to Actual S' (I MILLIONS) avmgs n Total % of Total % of City Budget City Budget Schools 2007 (Actual) $ 41.7 4.1% $ 25.9 3.8% $ 15.8 2008 (Actual) $ 60.3 5.6% $ 25.0 3.5% $ 35.3 Recap General Fund Pro.jections for ,June 30, 2009 At May 31, 2009 (in millions) Expenditures (including SPSA) $1,071 $1.139 $1,044 $1.105 <$27> Revenues $34 Planned Reduction in Fund <$68> Balance Projected Fund Balance (after reservations) FY2010 Revised Revenue Budget <$61> ~ $89- $91 8.5% - 8.7% Policy 8-12% 18 Reservations of Fund Balance General Fund (in millions) 2010 Capital Program (adopted) 2010 Operating Budget (adopted) Loans (actual) $33.9 4.8 Encumbrances (estimated) Carryforwards and Other Reservations (estimated) Total 11.3 5.0 -5...3- $60.3 19 June 23, 2009 j i - 22- CITY COUNCIL BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 58934 (Continued) U ndesignated General Fund Balance 200 ...................................... ............. .... ..............-...-.....-......................-......-..-......--...............................m.._. 16.0% 150 1/1 . 8.0% ~ GI > ~ II. 4,0% Cl 'll S GI 1lI 'll 0.0% ~ ... o 'f. 12.0% i c: g 100 ! ~ ! 50 '0 o o 2001 2002 2003 2004 2005 2006 2007 2008 Proj 2009 IlZ!.ll!iI Undesignated GF Balance ...... '/, of Budgeted GF Revenue Next Steps ~ Continue to Monitor Revenues in FY 2009 Business Licenses - Continuous Monitoring of Future Cash Receipts Personal Property -June Real Estate - June Report Again Next Month "I I 20 June 23,2009 'I III - 23 - CITY COUNCIL COMMENTS ITEM # 58936 3:43 P.M. Mayor Sessoms referenced meeting with representatives of six (6) different organizations of the business community and representatives of the Council of Civic Organizations (CCO) in another meeting. Mayor Sessoms inquired as to their goals for the City. Sixty (60) business representatives met and developed their top five (5) priorities. The Mayor requested the business representatives make their presentation to City Council concerning these priorities. The Council of Civic Organizations will advise the Mayor as to their priorities and present same to City Council. Mayor Sessoms believes the business representatives will present their priorities prior to the City Council Retreat on August 3-4, 2009. Council Lady Wilson advised last year a Round Table Discussion was held the day prior to the Retreat which proved to provide valuable information. Councilman DeSteph advised when first being elected to City Council, the Members had a Breakfast meeting with Federal, State and Local Legislators, as well as about seventy-five (75) local business owners to discuss concerns. Councilman DeSteph believes he still has a list of the attendees. ITEM # 58937 Councilman DeSteph wishes approximately afive-minute discussion during City Councils' Workshop to discuss the City Council parking issue, Council Members Villanueva and Uhrin had the pleasure of meeting with Senator Mark R. Warner and the Executive Board at the Conference of Minority Transportation Officials this past Saturday, June 20, 2009. Virginia Beach is the home of "National Conferences". Senator Warner's address did paint an "unfortunate picture "of the transportation dollars at the National Level trickling down to the State levels. The City is doing everything at the local level to make sure those dollars are captured. Councilman Uhrin advised Senator Warner was very complimentary concerning the City's efforts to include minority participation in the contracts. ITEM # 58938 Councilman Davis, referenced last week meeting with delegates and members of the management team at Stihl. Councilman Davis participated in a tour of the plant. Stihl was very complimentary to Virginia Beach. The lifestyle of their employees has been very comfortable and of valuable assistance re the recruitment drives. Stihl issued concerns re Workforce Housing and the graduates of Virginia Beach schools being able to fill positions in their plant. Stihl now utilizes robotics. June 23, 2009 i'l III - 24- CITY COUNCIL LIAISON REPORTS ITEM # 58939 BIKEWAYS AND TRAILS Councilman DeSteph, Bikeways and Trails Liaison, advised the Commission is developing a Resolution for City Council's Legislative Agenda. ITEM # 58940 VIRGINIA AQUARIUM and MARINE SCIENCE CENTER Councilman DeSteph, Liaison to the Virginia Aquarium and Marine Science Center, urged City Council Members to view the progress in the construction. This is an amazing project. ITEM # 58941 MINORITY BUSINESS COUNCIL Council Members Villanueva and Dyer, Liaisons to the Minority Business Council, attended the Minority Business Council Retreat on June 12, 2009. Their Vision will be brought before City Council in July. June 23,2009 ,I III - 25 - AGE N DA REV I E W S E S S ION 3:51P.M. ITEM # 58942 K. 2. Ordinance DECLARING 2.228 acres of land on London Bridge Road EXCESS and AUTHORIZING the City Manager to sell the property to Parrott Properties, LLC Councilman DeSteph inquired re the City Assessed Value of the 2.228 acres. Assistant City Attorney Elizabeth Chupik and Michelle B. Chapleau, Business Relocation - Economic Development, advised this was just recently rezoned to I-I. Approximately $1-MILLION per acre was paid. One was a vested 9-unit subdivision. This was paid to reduce the density (encompassed about six (6) different transactions). The appraisal as I-I is $140 an acre. ITEM # 58943 K. 5. Ordinances A UTHORIZING temporary encroachments into a portion of City- owned property for: a. Gary Robinson to construct and maintain rip rap and a walkway at Lake Rudee at the rear of 606 Goldsboro Avenue James Lawson, Real Estate, advised Councilman Uhrin, when the rip-rap, was redone it will be in current footprint of the bulkhead. The applicant is replacing the falling down bulkhead with riprap and typing that into the adjacent property. ITEM # 58944 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. J J 16-47 and 16-54 re approval of maximum sales and rental prices for Workforce Housing b. J 37-21 re conservation of the public water supply c. J 21-240 re reimbursement of expenses incurred from emergency responses d. J 23-7 re obstruction of justice e. J 35-182 re admissions taxes f Chapter 2 re purchasing from minority or woman-owned service disabled veteran-owned businesses June 23, 2009 'I III - 26 - AGE N DA REV I E W S E S S ION ITEM # 58944 (Continued) 2. Ordinance DECLARING 2.228 acres of land on London Bridge Road EXCESS and AUTHORIZING the City Manager to sell the property to Parrott Properties, LLC 3. Ordinance AUTHORIZING the City Manager to execute Leases at the Farmers Marketfor three (3) years each for: a. b. Michele P. Shean Country Butcher, Inc. Elsie V. Creekmore Kenneth A. Chapman Spaces 23, 24, 27 Virginia Garden Space 12 Spaces 7, 8 Spaces 3, 4 Creekmore's Place Chapman's Flowers, Inc. c. d. 4. Ordinance A UTHORIZING the Director of Housing and Neighborhood Preservation reimburse an employee $1,500 from the FY2008-09 Operating Budgetfor legal fees and expenses incurred in defense of the performance of his official duties 5. Ordinances A UTHORIZING temporary encroachments into a portion of City- owned property for: a. Gary Robinson to construct and maintain rip rap and a walkway at Lake Rudee at the rear of606 Goldsboro Avenue b. Charles Dale Everhart to construct and maintain two piers, gangway, floating dock and boatlifi in Treasure Canal at the rear of 2213 Leeward Shore Drive 6. Ordinance PROVIDING for bids for a Lease of a portion of City-owned property at 320 Sandbridge Road (Sandbridge water tank site) re constructing, maintaining and operating wireless telecommunications facilities 7. Ordinance to APPOINT three (3) Viewers for one-year (1) terms beginning July 1, 2009, re the closure of streets and alleys: a. Director of Planning b. Director of Public Works c. Director of Parks and Recreation 8. Resolution re an application of the VIRGINIA BEACH SCHOOL BOARD to the Virginia Board of Education for a Literary Fund loan in the amount of $4,768,954 for school construction 9. Resolution EXTENDING the term of the Green Ribbon Implementation Committee to December 31, 2010. 10. Resolution SUPPORTING the Virginia Beach Community Development Corporation's (VBCDC) application for their Block Grant Neighborhood Stabilization Program funds in the amount of $1,500,000 re VBCDC Homeownership Program. June 23,2009 "1 II' - 27 - AGE N DA REV IE W S E S S ION ITEM # 58944 (Continued) II. Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $750,000 from the Capital Improvement Program (Fire Training Center Improvements, Phase Ill) to the Fire Department's FY 2009-10 Operating Budget to fund programs, services, training and equipment b. $188,950 interest-free loan to the Ocean Park Volunteer Fire and Rescue, Inc. re the purchase of a replacement ambulance c. $83,200 to be returned from Information Technology to the CIT-Police TelestaffT&M Module and repurpose $539,760 to the Police DEA Seized Assets for a matching federal grant d $28,290 Cost Recovery Revenue to the Fire Department's FY 2008-09 Operating Budget and $1, 781to the Fire Department's Gift Fund re designated expenditures e. $10,000 from the Second Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and donated to the Virginia Beach Health Department's Healthy Families Program f $6,512 from the u.s. Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the FY 2008-09 Fire Department Operating Budget re deployment of the Virginia Task Force- 2 (VA-TF2) Urban Search and Rescue Team June 23, 2009 ,'I III - 29- AGE N DA REV I E W S E S S ION ITEM # 58945 (Continued) 9. Application of THE HOPE LUTHERAN CHURCHfor a Modification of Conditions (approved by City Council on May 15, 1978, January 22, 1991, March 22, 1994, February 11,2003, January 8,2008) to expand the sanctuary, child care and youth education and ADD a picnic sheltered area at 5350 Providence Road DISTRICT 2 - KEMPSVILLE 10. Ordinances to AMEND the City Code re: a. Subdivision Regulations, Appendix B, 96.3 pertaining to final plats and data b. Site Plan Ordinance, Appendix C, 94,1 pertaining to the information required on site development plans c. 9 4.1 of Appendix B, Subdivision Regulations pertaining to the deletion of the minimum right-of-way width and minimum paved width for minor subdivision streets Item L.2 (JACK FEREBEE, ET AL) will be APROVED, BY CONSENT, for a six (6) month extension Councilman Wood DISCLOSED and will ABSTAIN pursuant to Section 2.2-3115(E), Code of Virginia re Item L.8. (KARTING CENTERS OF AMERICA, LLC). Councilman Wood will ABSTAIN from voting on this transaction as the applicant has employed JD & W, Inc. to perform the improvements necessary to renovate the building for the proposed new use. Councilman Wood has an ownership interest in JD & W Inc. and has a personal interest in the corporation, Councilman Wood's correspondence of June 23, 2009, is hereby made a part of the record June 23,2009 "I "I - 30 - ITEM # 58946 Mayor William D. Sessoms, Jr. entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, 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)(l) Council Appointments: Boards, Commissions, Committees, Authorities, Agencies and Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711(A)(3). Acquisition/Disposition of City Property: Princess Anne District Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members, consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711 (A) (7). Sandbridge Sand Fences/Encroachments Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION at 3: 59 P.M. June 23,2009 II II ,I III I - 31 - ITEM # 58947 (Continued) Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 4:06 P.M. - 5:00 P.M.) (Break: 4:00 P.M. - 4:06 P.M.) (Dinner: 5:00 P.M. - 5:55 P.M.) June 23.2009 1;1 II' - 32 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 23,2009 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 23, 2009, at 6:00 P.M Council Members Present: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCA TION: Reverend James Pugh Calvary Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank 's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the "Act "), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a "personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the official records of City Council. Mayor Sessoms' letter of March 24, 2009, is hereby made a part of the record. Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 1 0, 2007, is hereby made a part of the record. June 23, 2009 ,I III - 33 - 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. June 23. 2009 III - 34 - Item V-E. CERTIFICATION ITEM # 58948 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: II-O Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 , ~ II , RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM #58946, Page 30, and in accordance with the provisions of The Virginia Freedom of Information Act, and, WHEREAS: Section 22-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VED: 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. ~J uth Hodges Fraser, MMC City Clerk June 23, 2009 E 1 II' - 35 - Item V-F.] ITEM # 58949 Upon motion by Councilman Dyer, , seconded by Councilman Villanueva, City Council APPROVED the MINUTES of the FORMAL SESSION of June 9, 2009 Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23, 2009 Item V-G.1. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: 'I II' - 36 - ITEM # 58950 AGENDA FOR THE FORMAL SESSION June 23, 2009 "I - 37 - Item V-H.1. MAYOR'S PRESENTATION ITEM # 58951 BY CONSENSUS, City Council RESCHEDULED to the City Council Session of July 7,2009: RESOLUTIONS HONORING MEMBERS OF THE MINORITY BUSINESS COUNCIL Prescott Sherrod Luis A. Rivera June 23,2009 Item V-I.1. PUBLIC HEARING - 38 - ITEM # 58952 Mayor Sessoms DECLARED A PUBLIC HEARING: SALE OF EXCESS PROPERTY - London Bridge Road THERE BEING NO SPEAKERS, Mayor Sessoms CLOSED THE PUBLIC HEARING 'I II' June 23, 2009 I III - 39 - Item V-I.2.a-d PUBLIC HEARING ITEM # 58953 Mayor Sessoms DECLARED a PUBLIC HEARING: LEASES OF CITY OWNED PROPERTY - Virginia Beach Farmers Market a. Chapman's Flowers, Inc. b. Creekmore's Place c. Country Butcher, Inc. d. Virginia Garden THERE BEING NO SPEAKERS, Mayor Sessoms CLOSED THE PUBLIC HEARING. June 23, 2009 II ,I II III I - 40 - Item V-K. ORDINANCES/RESOLUTIONS ITEM # 58954 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items 1 a-I, 2, 3 a-d, 4, 5 a-b, 6, 7, a-c, 8, 9, 10 and 11 a-f of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23. 2009 II I III I - 41 - Item V-K.la-f. ORDINANCES/RESOLUTIONS ITEM # 58955 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to AMEND the City Code: a. H 16-47 and 16-54 re approval of maximum sales and rental prices for Workforce Housing b. 8 37-21 re conservation of the public water supply c. 821-240 re reimbursement of expenses incurredfrom emergency responses d. 823-7 re obstruction of justice e. 835-182 re admissions taxes f Chapter 2 re purchasingfrom minority or woman-owned service disabled veteran-owned businesses Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley. Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23, 2009 II I III I #0 1 AN ORDINANCE TO AMEND SECTIONS 16-47 AND 16-54 2 OF THE CITY CODE PERTAINING TO APPROVAL OF 3 MAXIMUM SALES AND RENTAL PRICES OF 4 WORKFORCE HOUSING 5 6 Sections Amended: City Code Sections 16-47 and 16-54 7 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Sections 16-47 and 16-54 of the City Code are hereby amended and 13 reordained to read as follows: 14 15 ARTICLE VIII. WORKFORCE HOUSING 16 17 18 DIVISION 2. SALE AND OWNERSHIP OF WORKFORCE HOUSING 19 20 21 Sec. 16-47. Workforce housing pricing. 22 23 (a) Workforce housing shall be priced so as to be affordable for purchase by a 24 household with a gross annual income between eighty (80) percent and one hundred 25 twenty (120) percent of area median income, adjusted for household size. Semi- 26 annually, the workforce housing advisory board shall recommend, and the city counoil 27 shall establish, maximum sales prices for workforce housing units based upon current 28 area median income, prevailing mortgage interest rates in the area, real estate tax 29 rates, homeowner's insurance rates, housing ratios, and the size of targeted 30 households. In determining whether to grant approval pursuant to article 21 of the city 31 zoning ordinance te of a proposed development that includes workforce housing, the 32 city council shall determine whether the proposed pricing of the workforce housing 33 within such development meets the requirements of this section. 34 35 36 37 38 DIVISION 4. ADDITIONAL PROVISIONS 39 40 Sec. 16-54. Workforce housing advisory board established; membership; duties. 41 42 (a) Established. The workforce housing advisory board is hereby established. 43 44 II I III I 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 (d) Duties. It shall be the duty of the board to: (1) Make recommend3tions to the city oouncil concerning Establish the maximum sales and rental prices of workforce housing units. Such prices shall be based on the area median income, as defined in section 16-44, and shall be adjusted semi-annually; (2) Advise the city council on all aspects of the city's workforce housing program, including recommendations for modifications of the requirements of the program; and (3) Report annually to the city council on the production of workforce housing units, participation in the workforce housing program, and achievement of program goals. Adopted by the City Council of the City of Virginia Beach, Virginia, on the 23rd day of June, 2009. 2 II I III I 1 AN ORDINANCE TO AMEND SECTION 37-21 OF THE 2 CITY CODE PERTAINING TO CONSERVATION OF THE 3 PUBLIC WATER SUPPLY 4 5 Section Amended: City Code Section 37-21 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 37-21 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Sec. 37-21. Conservation of the public water supplv during emergencies. 14 15 (a) Whenever the city manaqer or director of public utilities finds that a water 16 supplv emerqencv arisinq out of a shortaqe of the public water supplv may occur if 17 water conservation measures are not taken, he shall. throuqh appropriate means, call 18 upon the qeneral population of the city to emplov prudent restraint in water usaqe and to 19 conserve water voluntarilv bv whatever means available. 20 21 tat fQl Should the city council, at anytime, declare there to be an emergency 22 existing in the city arising, either wholly or substantially, out of a shortage of the public 23 water supply, the city manager or the director of public utilities is hereby authorized to 24 order the restriction or prohibition of any or all of the following uses of the water supply: 25 26 (1) Watering of shrubbery, trees, lawns, grass, plants or other vegetation, 27 except from a watering can or other container not exceeding three (3) 28 gallons in capacity. 29 30 (2) Washing of automobiles, trucks, trailers or any other type of mobile 31 equipment, except in facilities operating with a water recycling system 32 approved by the city, or except from a bucket or other container not 33 exceeding three (3) gallons in capacity; provided, further, that any facility 34 operating with an approved water recycling system must prominently 35 display, in public view, a sign stating that such a recycling system is in 36 operation. 37 38 (3) Washing of sidewalks, streets, driveways, parking areas, service station 39 aprons, exteriors of homes, apartments, commercial or industrial buildings 40 or any other outdoor surface, except from a bucket or other container not 41 exceeding three (3) gallons in capacity. 42 43 (4) The operation of any ornamental fountain or other structure making a 44 similar use of water. 45 46 (5) The filling of swimming or wading pools or the refilling of swimming or 47 wading pools which were drained after the effective date of the order. II I III I 48 (6) The use of water from fire hydrants for any purpose other than necessary 49 governmental operations. 50 51 (7) The serving of drinking water in restaurants, cafeterias or any other 52 establishment, unless requested to do so by the individual being served. 53 54 55 The above restrictions, or any of them, shall become effective upon their being 56 printed in any newspaper of general circulation in the city, or broadcast upon any radio 57 or television station serving the city. 58 59 f9t (Q) Should the implementation of all of the measures provided for in 60 subsection~ (a) and (b) above fail to preserve sufficient supplies of water for the citizens 61 of the city, the city manager aRGJ-or director of public utilities are is hereby authorized, in 62 addition, to order the imposition of specific allotments of water supply to each customer, 63 both residential and commercial, and to provide for a surcharge of up to twenty dollars 64 ($20.00) per one thousand (1,000) gallons of water consumed in excess of such 65 allocation. Such allotment and surcharge shall be subject to ratification, within ten (10) 66 days, by the city council and shall remain in effect until removed by like councilmanic 67 action. 68 69 (1) Upon implementation of the measures set forth in subsections tat-ef (b)...Q[ 70 i9l above, the city manager shall appoint an appeals board consisting of 71 three (3) representatives, of which fone (1) shall be from the city 72 manager's office, one (1) from the health department, and one (1) from the 73 finance departmentj. The city attorney or his designee shall serve as legal 74 counsel to the board. 75 76 (2) The appeals board shall be empowered to review customer applications 77 for exemptions from the provisions of subsections (a) and (b) and (c) on a 78 case-by-case basis and, if warranted, to make equitable adjustments to 79 such provisions. The board shall also be empowered to establish 80 regulations governing the granting of temporary exemptions applicable to 81 all or some of the uses of the water supply set forth in subsection fat {Q}. 82 The board shall, in deciding applications, balance economic and other 83 hardships to the applicant resulting from the imposition of water use 84 restrictions or allocations against the individual and cumulative impacts to 85 the water supply resulting from the granting of exemptions. Individual 86 applications shall be decided by the board within two (2) weeks of receipt 87 of an application in proper form and containing all necessary information. 88 89 (Bj iQ) Should all of the measures taken pursuant to subsections fat {Q} and f9t 90 i9l of this section prove insufficient fail to preserve sufficient supplies of water for the 91 citizens oeneral population of the city, the city manager or the director of public utilities 92 is hereby further authorized to restrict or discontinue the supply of water to any II 93 94 95 96 97 98 99 100 101 102 103 104 I III I industrial or commercial activity which uses water beyond the sanitary and drinking needs of its employees and invitees. ~ .utl Any person violating any provision of this section or any order of the city manager or director of public utilities issued pursuant to the authority granted hereunder shall be guilty of a Class 3 misdemeanor. In addition, the city manager or director of public utilities is hereby authorized to terminate the water service, for the duration of the emergency, to any person convicted of such violation. te1 ill Nothing in this section shall be construed to prohibit the city manager or the director of public utilities from rescinding any orders issued hereunder when the conditions creating the need for such orders have abated. Adopted by the Council of the City of Virginia Beach, Virginia, on this 23rd day of June, 2009. II I III I ~- 1 AN ORDINANCE TO AMEND SECTION 21-240 OF 2 THE CITY CODE PERTAINING TO 3 REIMBURSEMENT OF EXPENSES INCURRED 4 FROM EMERGENCY RESPONSES 5 6 SECTION AMENDED: 921-240 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 11 That Section 21-240 of the Code of the City of Virginia Beach, Virginia, is hereby 12 amended and reordained to read as follows: 13 14 Sec. 21-240. Reimbursement for expenses incurred from emergency responses. 15 16 (a) Any person convicted of violating any of the follm\'ing provisions of the Code of 17 Virginb, or any similar ordinance in the City Code, shall be liable in a separate civil 18 action for reasonable expenses incurred by the City of Virginia Beach or by any 19 volunteer rescue squad, or both, when providing an appropriate emergency response to 20 any accident or incident related to such violation. 21 22 (a) Anv person convicted of violatinq any of the followinq provisions shall. at 23 the time of sentencinq or in a separate civil action. be liable to the City for restitution of 24 reasonable expenses incurred bv the City when issuinq any related arrest warrant or 25 summons. Further. any person so convicted shall at the time of sentencinq or in a 26 separate civil action. be liable to the City and to any respondinq volunteer rescue 27 squads, or both for restitution of reasonable expenses incurred bv the City or any 28 volunteer rescue squad, for respondinq law enforcement. firefiqhtinq, rescue and 29 emerqencv services. or bv any combination of the foreqoinq, when providinq an 30 appropriate emerqenCV response to any accident or incident related to such violation. 31 32 (1) The provisions of Code of Virginia 99 18.2-36.1. 18.2-51.4, 18.2-266, 18.2- 33 266.1, 29.1-738 Gf .....29.1-738.02 or 46.2-341.24, when such operation of motor vehicle, 34 engine, train or watercraft while so impaired is the proximate cause of the accident or 35 incident; 36 37 (2) The provisions of Article 7 (9 46.2-852 et seq.) of Chapter 8 of Title 46.2 38 relating to reckless driving, when such reckless driving is the proximate cause of the 39 accident or incident; 40 41 (3) The provisions of Article 1 (9 46.2-300 et seq.) of Chapter 3 of Title 46.2 42 relating to driving without a license or driving with a suspended or revoked license; and 43 44 (4) The provisions of Code of Virginia 9 46.2-894 relating to improperly leaving 45 the scene of an accident. 46 II I III I 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 (b) Personal liability under this section for reasonable expenses of an appropriate emergency response pursuant to subsection (a) shall not exceed one thousand dollars ($1,000.00) in the aggregate for a particular accident. arrest or incident. In determining the "reasonable expenses" a flat fee of two hundred and fifty dollars ($250.00) may be billed, or a minute-by-minute accounting of the actual cost incurred may be billed. (c) As used in this section, "appropriate emergency response" includes all cost of providing law-enforcement, fire-fighting, rescue and emergency medical services. (d) The provisions of this section shall not preempt or limit any remedy available to the commonwealth, the City of Virginia Beach, or to any volunteer rescue squad to recover the reasonable expenses of an emergency response to an accident or incident not involving impaired drivingJ, operation of a vehicle or other conduct as set forth herein. Be it further ordained that the effective date of this ordinance shall be July 1, 2009. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rd day of June, 2009. , I I' I III I 1 AN ORDINANCE TO AMEND SECTION 23-7 OF THE CITY 2 CODE PERTAINING TO OBSTRUCTION OF JUSTICE 3 4 SECTION AMENDED: S 23-7 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 9 That Section 23-7 of the Code of the City of Virginia Beach, Virginia, is hereby 10 amended and reordained to read as follows: 11 12 Sec. 23-7. Misleading, obstructing, etc., city officers. 13 14 (a) If any person without just cause knowingly obstructs a judge, magistrate, 15 justice, juror, witness GF.1-any law enforcement officer or animal control officer in the 16 performance of his duties as such, or fails or refuses without just cause to cease such 17 obstruction when requested to do so by such judge, magistrate, justice, juror, witness 18 GF.1-law enforcement officer or animal control officer, he shall be guilty of a Class 1 19 misdemeanor. 20 21 (b) If any person, by threats or force, knowingly attempts to intimidate or impede 22 a judge, magistrate, justice, juror, witness, GF-any law enforcement officer or animal 23 control officer, lawfully engaged in his duties as such, or to obstruct or impede the 24 administration of justice in any court, he shall be deemed to be guilty of a Class 1 25 misdemeanor. 26 27 (c) Any person who knowingly and willfully makes any materially false statement 28 or representation to a law-enforcement officer or animal control officer who is in the 29 course of conducting an investigation of a crime by another is guilty of a Class 1 30 misdemeanor. 31 32 (d) Any person or persons who unreasonably or unnecessarily obstruct a 33 member or members of a rescue squad, whether governmental, private or volunteer, in 34 the performance of the rescue mission or who shall fail or refuse to cease such 35 obstruction or move on when requested to do so by a member of a rescue squad going 36 to or at the site of a rescue mission shall be guilty of a Class 2 misdemeanor. 2009. Be it further ordained that the effective date of this ordinance shall be July 1, Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rd day of June, 2009. Ii APPROVED AS TO CONTENT: x~~,~~ A. ~~ ~~ Police Department CA11160 R-4 June 12, 2009 , III I APPROVED AS TO LEGAL SUFFICIENCY: ~ " Y-~-~Y'S ,ce . . ~ I: , III I 1 AN ORDINANCE TO AMEND SECTION 35- 2 182 OF THE CITY CODE PERTAINING TO 3 ADMISSIONS TAXES 4 5 SECTION AMENDED: S 35-182 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That section 35-182 of the Code of the City of Virginia Beach, Virginia, is hereby 11 amended and reordained to read as follows: 12 13 Sec. 35-182. Levy of taxes; classification; amount; administration. 14 15 (a) Classifications. Pursuant to Code of Virginia section 58.1-3817, events to 16 which admission is charged are divided into the following classes, and there are hereby 17 imposed and levied the following taxes: 18 19 (1) School-sponsored events. No tax shall be imposed or levied on the 20 admission charge to attend any event at a public or private elementary, 21 secondary, or college school-sponsored event, including any event sponsored by 22 a school-recognized student organization. 23 24 (2) Museums, gardens and zoos. A tax of ten (10) percent of the admission 25 charge for entry into museums, botanical or other similar gardens, and zoos. 26 27 (3) Participatory sports. A tax of five (5) percent of the amount charged to 28 persons activelv participatino in sportino events or athletic contests or activities. 29 participate in the fOllo'l./ing participatory sports: golf courses, tennis, bowling, 30 swimming, roller skating, billiards, and sport fishing boats. Admission charges for 31 spectators who observe, but do not participate in, these sports sportino events or 32 athletic contests or activities shall be taxed at the rate imposed and levied by 33 subsection 35-182(a)(4). The bx levied by this subsection applies only to the 34 participatory sports enumerated above. 35 36 (4) Admissions generally. A tax of ten (10) percent of the admission charge 37 for all other admissions, including admissions to any place of amusement or 38 entertainment. As used in this section, "place of amusement or entertainment" 39 shall mean any place or event open to the public and located in the city where 40 amusements and entertainments, including but not limited to the following, are 41 located, performed, exhibited or conducted: 42 43 (i) Any motion picture, play, concert, dance or stageshow; 44 (ii) Any sporting or athletic contest, exhibition or event; 45 (iii) Any circus, carnival, fair or amusement park; 46 (iv) Any sporting or recreational activity, except where the person admitted is 47 participatino in the sportino or recreational activity excluding any II 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 , III I participatory sport enumerated in subsection 35 182(a)(3), for "',hich participants are charged to onter the arena or facility; (v) Any lecture, speech or dissertation; (vi) Any show, display or exhibition (e.g., antique show, art exhibition, boat show, car show, computer show, craft show, wine tasting, etc.); and (vii) Any restaurant, tavern, lounge, bar, cabaret or club. (b) Admissions; gross receipts to charities. Subject to the conditions set forth below in subsection (d), no tax shall be imposed or levied on the admission charge to attend an event if, as described in Code of Virginia section 58.1-3817, the gross receipts from the event go wholly to charitable purposes. (c) Admissions; net proceeds to charities. Subject to the conditions set forth below in subsection (d), no tax shall be levied on an event if, as described in Code of Virginia section 15.2-1104.1, its purpose is solely to raise money for charitable purposes and the net proceeds derived from the event are transferred to an entity exempt from sales and use tax pursuant to Code of Virginia sections 58.1-609.4,58.1-609.7,58.1- 609.9 or 58.1-609.10. For purposes of this subsection, "net proceeds" means the gross receipts derived from an event less the direct, ordinary and necessary costs associated with conducting the event. The phrase "direct, ordinary and necessary costs," as used herein, shall not include any allocable costs attributable to the event organizer's ongoing expenses, such as accounting fees, insurance premiums or the salaries of officers and staff. (d) Conditions and procedures relating to subsections (b) and (c). An "event", as described in preceding subsections (b) and (c), is an occasional or irregular fund- raising activity, not exceeding forty-eight (48) hours in length, the gross receipts or net proceeds of which go wholly to "charitable purposes" as defined in Code of Virginia section 57-48. The following conditions and administrative procedures shall apply to all such events: (1) The gross receipts or net proceeds must go to an entity (i) organized exclusively for charitable purposes, as reflected in its articles of incorporation, charter or bylaws, (ii) designated by the Internal Revenue SeNice as a 501 (c)(3) organization to which contributions are tax deductible under 26 U.S.C. S 7701, and (iii) registered with, or granted an exemption from registration by, the Virginia Department of Agriculture and Consumer SeNices, Division of Consumer Affairs, Charitable Solicitation Section. Furthermore, any professional solicitor conducting or promoting any such event shall also be required to provide evidence of registration with, or exemption from registration by, the Virginia Department of Agriculture and Consumer SeNices, Division of Consumer Affairs, Charitable Solicitation Section. (2) All determinations concerning the taxable status of events described in this subsection shall be made by the commissioner of the revenue on an event- by-event basis. II I III I 95 (3) Any person or organization seeking a determination that an event is not 96 subject to taxation pursuant to this subsection shall apply to the commissioner of 97 the revenue's office at least thirty (30) days prior to such event. All such 98 determinations shall be made only by the commissioner of the revenue. The 99 applicant shall supply, on forms provided by the commissioner of the revenue, a 100 description of the event, the cost of admissions to the event, documentation of 101 the charitable purpose(s) for which the proceeds will be used, a copy of any 102 exemption from sales and use tax (if applicable), evidence of compliance with 103 Code of Virginia section 57-49, and such other information as may be required by 104 the commissioner of the revenue. Within fifteen (15) days of receipt of an 105 application, the commissioner of the revenue shall make a preliminary 106 determination as to whether the proposed event is subject to the admissions tax. 107 Within forty-five (45) days of conclusion of the event, the applicant shall provide 108 documentation that the gross receipts or net proceeds of the event have been 109 utilized in accordance with the requirements of subsection (b). The failure of any 110 person to obtain a determination that an event is not subject to taxation, to supply 111 evidence of compliance with Code of Virginia section 57-49, or to otherwise fail to 112 comply with the requirements of this subsection, shall subject the event to being 113 taxed at the rate provided by subsection (a)(4). 114 115 (4) Within sixty (60) days after the end of each fiscal year, the commissioner 116 of the revenue shall provide the city manager a list of all events benefiting charity 117 for which no admissions tax was paid, and an estimate of the total amount of tax 118 that would have otherwise been paid. 119 120 (e) All taxes levied by this section shall be paid by the person who pays the 121 charge for admission or participation. 122 123 (f) All determinations concerning the classification of events and the 124 applicable tax rate shall be made by the commissioner of the revenue. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 23rd day of June , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~# CitY Att y's Offi~ CA 10646 R-5 June 9, 2009 Ii , III I REQUESTED BY COUNCILMEMBERS DYER AND VILLANUEVA 1 AN ORDINANCE TO AMEND CHAPTER 2 OF THE 2 CITY CODE PERTAINING TO PURCHASING FROM 3 SERVICE DISABLED VETERAN-OWNED 4 BUSINESSES 5 6 SECTIONS AMENDED: SS 2-224.1, 2-224.3, 2-224.4, 7 2-224.5,2-224.6,2-224.7,2-224.8, and 2-224.11 8 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 Sec. 2-224.1. Definitions. 14 15 For purposes of this subsection, the following words shall have the meanings 16 ascribed to them in this section: 17 18 Good-faith Minority-owned, Service Oisabled Veteran-owned and Woman-owned 19 Business Participation Efforts : The sum total of efforts by a particular business to 20 provide for the equitable participation of minority, service disabled veteran and woman 21 employees and subcontractors in the operations and contracts of such business. 22 (1) For past efforts, this sum total shall be comprised of the record of minority, service 23 disabled veteran and woman participation over the past two (2) years through 24 employment, retention, and promotion; subcontracting or joint ventures in the private 25 sector; or a combination thereof. 26 (2) In connection with the performance of a particular city contract, "good faith efforts" 27 shall mean those measures which are proposed to allow equitable participation of 28 minority, service disabled veteran and woman employees and subcontractors. 29 30 Minority, Service Oisabled Veteran and Woman Contractors Bid List : A list of 31 contractors who have completed and filed with the purchasing agent the city's bidder 32 application indicating that their firm is a minority-owned, service disabled veteran or 33 woman-owned business. The purchasing agent shall maintain the list and shall organize 34 the list by category of business. Such list shall be provided, upon request, in its entirety 35 or by relevant category, to any interested party. The list shall not be deemed to 36 constitute an endorsement of the qualifications of any business included on the list. 37 38 Minority-owned Business : A business or other entity that is at least fifty-one (51) 39 percent owned and controlled by one (1) or more socially and economically 40 disadvantaged person(s). For purposes of this definition, the term "control" shall mean 41 exercising the power to make policy decisions and being actively involved in day-to-day 42 management. Such disadvantage may arise from cultural, racial, chronic economic 43 circumstance or background, or other similar cause. Such persons include, but are not 44 limited to, Black Americans, Hispanic Americans, Asian Americans, Eskimos, and 45 Aleuts. 46 II I III I 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 89 90 91 92 Service disabled veteran: means a veteran who (i) served on active duty in the United States military qround. naval. or air service, (in was discharqed or released under conditions other than dishonorable. and (iii) has a service-connected disability ratinq fixed by the United States Department of Veterans Affairs. Service disabled veteran business: means a business concern that is at least 51 % owned by one or more service disabled veterans or, in the case of a corporation, partnership. or limited liability company or other entity, at least 51 % of the equity ownership interest in the corporation, partnership, or limited liability company or other entity is owned by one or more individuals who are service disabled veterans and both the manaqement and daily business operations are controlled by one or more individuals who are service disabled veterans. Woman, Service Disabled Veteran and Minority Participation Plan : A plan detailing, at a minimum: Whether the contractor intends to utilize any subcontractors; what, if any, woman-owned. service disabled veteran-owned and minority-owned subcontractors the contractor intends to utilize; the work to be performed by each woman-owned, service disabled veteran-owned and minority-owned subcontractor; the anticipated amount or percentage to be paid to each woman-owned, service disabled veteran-owned and minority-owned subcontractor; the composition of the contractor's workforce, specifically indicating the percentage of woman, service disabled veteran and minority employees in their company; the percentage of woman, service disabled veteran and minorities in management positions, supervisory positions, professional positions, and nonprofessional positions; what steps the contractor has taken to solicit subcontracting bids from woman-owned. service disabled veteran-owned and minority-owned subcontractors; which woman-owned, service disabled veteran-owned and minority- owned businesses the contractor has solicited; if the contractor has elected not to utilize a woman-owned. service disabled veteran-owned or minority-owned subcontractor, an explanation of the decision; and any additional Good-faith Minority-owned. Service Disabled Veteran-owned and Woman-owned Business Participation Efforts the contractor intends to make in connection with the contract. Woman-owned Business : A business or other entity that is at least fifty-one (51) percent owned and controlled by a woman or women. For purposes of this definition, the term "control" shall mean exercising the power to make policy decisions and being actively involved in day-to-day management. Sec. 2-224.3. Minority-owned business opportunities--Construction contracts; bid requirements. (a) Notice of every invitation to bid on city construction contracts in excess of fifty thousand dollars ($50,000.00) shall be provided to each business included in the relevant category of the Minority, Service Disabled Veteran and Woman Contractors Bid List. In addition, the purchasing agent shall also forward such notices, upon request, to any minority organization or other interested party. 2 II I III I 93 94 (b) Every bid submitted in response to an invitation to bid on a city construction 95 contract in excess of fifty thousand dollars ($50,000.00) shall be required to contain a 96 proposed Woman, Service Disabled Veteran and Minority Participation Plan. The 97 successful contractor shall update his Woman, Service Disabled Veteran and Minority 98 Participation Plan prior to the execution of the contract with the City. The final Woman~ 99 Service Disabled Veteran and Minority Participation Plan shall become a part of the 100 contract with the City. 101 102 (c) The purchasing agent shall provide, upon request, to all prospective prime 103 construction contractors, a list of all businesses included in the relevant categories of 104 the Minority, Service Disabled Veteran and Woman Contractors Bid List; provided, 105 however, that the list shall not be deemed to include all available minority-owned or 106 woman-owned subcontractors, nor shall it be deemed to constitute an endorsement of 107 the qualifications of any subcontractor included on the list. 108 109 Sec. 2-224.4. Same--Contracts for provision of goods and services. 110 111 Solicitations for contracts of more than fifty thousand dollars ($50,000.00) shall 112 include at least three (3) Minority-owned Businesses, Service Disabled Veteran-owned 113 Businesses or Woman-owned Businesses that are included on the list maintained 114 pursuant to section 2-224.1 and are in the business of supplying goods or services of 115 the kind to be procured, unless the list contains less than three (3) Minority-owned 116 Businesses, Service Disabled Veteran-owned Businesses and Woman-owned 117 Businesses which are in the business of supplying goods or services of the kind to be 118 procured. In addition, the purchasing agent shall forward such solicitations, upon 119 request, to any minority organization or other interested party. 120 121 Sec. 2-224.5. Same--Procurement of professional and other than professional 122 services by competitive negotiation. 123 124 (a) Notice of every request for proposals ("RFP") shall be provided to each 125 business included in the relevant category of the Minority, Service Disabled Veteran and 126 Woman Contractors Bid List. In addition, the purchasing agent shall also forward such 127 notices, upon request, to any minority organization or other interested party. 128 129 (b) Every proposal submitted in response to a RFP shall be required to contain 130 a proposed Woman, Service Disabled Veteran and Minority Participation Plan. The 131 successful contractor shall update his Woman, Service Disabled Veteran and Minority 132 Participation Plan prior to the execution of the contract with the City. The final Woman~ 133 Service Disabled Veteran and Minority Participation Plan shall become a part of the 134 contract with the City. 135 136 (c) Compliance with the provIsions of section 2-224.2, "Employment 137 discrimination by contractor prohibited," shall be considered in the RFP evaluation and 138 contractor selection process. 3 II 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 177 178 179 180 181 182 183 184 I III I Sec. 2-224.6. Responsible and responsive bidder; qualified offeror. The provisions of this subdivision shall be used as criteria in determining whether a bidder is deemed to be responsible and responsive, or whether an offeror is deemed to be fully qualified, and no contract shall be awarded to a bidder or offeror who has not complied with the provisions herein. Failure to submit a proposed Woman, Service Disabled Veteran and Minority Participation Plan with a bid or proposal shall result in the bid or proposal being declared nonresponsive. Sec. 2-224.7. Public inspection of records. In accordance with the Virginia Freedom of Information Act, a bidder's or contractor's Woman. Service Disabled Veteran and Minority Participation Plan shall be open to public inspection. Sec. 2-224.8. Penalties. (a) Any bidder or contractor that intentionally makes a material misrepresentation in connection with any of the information required by this subdivision shall be debarred from contracting with the city for a period of two (2) years from the date of notification of such debarment. (b) Prior to final payment, each contractor shall submit a report documenting its efforts undertaken in compliance with its final Woman, Service Disabled Veteran and Minority Participation Plan. The report shall include, at a minimum: A statement of whether any subcontractors were utilized; a list of any woman-owned and minority- owned subcontractors utilized; a brief description of the work performed by each woman-owned and minority-owned subcontractor; the amount paid to each woman- owned and minority-owned subcontractor; and any additional Good-faith Minority- owned, Service Disabled Veteran-owned and Woman-owned Business Participation Efforts the contractor made in connection with the contract. A contractor will not receive final payment under a contract until he submits documentation of actual woman-owned and minority-owned business participation efforts as described in this subsection. (c) If actual woman, service disabled veteran and minority participation substantially deviates below the levels outlined in the final Woman. Service Disabled Veteran and Minority Participation Plan, the contractor shall provide an explanation for the deviation within ten (10) days of a request by the city for such explanation. If the explanation for the deviation lacks reasonable justification that rises to the level of dishonesty or in the event the contractor refuses to submit an explanation for the deviation, the contractor may be debarred from contracting with the city for a period of up to two (2) years from the date of notification of such debarment. (d) The debarment of any bidder or contractor pursuant to this subdivision shall be deemed to include the debarment of any successor corporation, partnership, firm or 4 Ii 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 208 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 I III I other entity controlled or managed by any officer, director, partner or controlling shareholder of the debarred bidder or contractor. Sec. 2-224.9. Minority business council composition; appointment and terms of members, etc. (a) The City of Virginia Beach Minority Business Council shall consist of at least nine (9) but not more than eleven (11) members. (b) The members of the minority business council shall be appointed by the city council for terms of two (2) years; provided, however, that the initial terms of several members may be for one year in order to allow for staggered expirations of the terms of members. Of those members appointed, one member may be a member of city council. (c) The meeting in June of each year shall be the annual organizational meeting at which the minority business council shall elect, from among its members, a chair and vice-chair. The chair and vice-chair shall each serve for a term of one year, or until his or her respective successor has been elected. Both the chair and the vice-chair may be re-elected; provided, however, that no member shall serve more than two (2) consecutive one-year terms in the same office. (d) Attendance records shall be kept at each meeting of the minority business council, and an annual report of attendance shall be submitted to city council through the city clerk's office. No member shall accumulate an annual total of (i) more than three (3) absences or (ii) absences exceeding one-fourth of the number of meetings held, whichever is lesser, for reasons other than personal illness, death or other unusual circumstances. If this limitation is exceeded, the chairperson shall report to the city clerk the name of the minority business council member whose unexcused absences exceed the number set forth herein. The city clerk shall then notify such member in writing, with copies to the city council, that, due to absences in excess of the number allowed herein, his or her membership is terminated. Thereafter, the city clerk shall forward the vacancy to the city council for appointment of a new minority business council member to serve for the remainder of such terminated member's term. (e) Notwithstanding the provisions of subsections (b) and (d) of this section, all members of the minority business council shall serve at the pleasure of city council. Sec. 2-224.10. Staff assistance; recordation of minutes. The city's purchasing agent shall serve in an advisory capacity to the minority business council and, among other duties, shall assist the chairperson of the minority business council in the preparation of meeting agendas. Sec. 2-224.11. Duties, powers and functions. The minority business council shall serve as an advisory agency to the city manager and the city council with respect to the city's procurement policies and procedures and shall be vested with the following duties, powers and functions: (1) To advise the city manager and the city council on policy and procedural issues involved in: 5 II 230 231 232 233 234 235 236 237 238 239 240 241 242 243 244 245 246 247 248 249 I III I a. The city's established policy of equal opportunity and nondiscrimination in procurement; b. The city's continuing efforts to encourage the participation of minority-owned businesses, small businesses, aM businesses owned by women, and businesses owned by service disabled veterans in city contracts; and c. The city's assurance that its procurement opportunities are made available to all persons, regardless of race, religion, color, sex, national origin or handicap. (2) To institute, conduct, and engage in educational and training programs to promote the involvement of minority-owned businesses, small businesses, aM businesses owned by women, and businesses owned by service disabled veterans in the public procurement process. (3) To serve as a forum for the discussion and development of the awareness of minority-owned businesses, small businesses, aM businesses owned by women, and businesses owned by service disabled veterans of the procurement process. (4) To provide city council and the city manager with an annual written report of the minority business council's activities on or before December thirty-first of each year. (5) To adopt rules and procedures for the conduct of its affairs. The minority business council shall not be empowered or authorized to provide advice or assistance with respect to, or otherwise become involved in, individual procurement solicitations, evaluations, awards, disputes or protests. Adopted by the Council of the City of Virginia Beach, Virginia, on the ?1rn day of June , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: (~ (J/)' : {llflA/!( rL \tJf0i0- Finance Department ;e~ -= City Attorney's o~ CA 10972 R-4 March 12, 2009 6 II III I - 42 - Item V-K.2. ORDINANCES/RESOLUTIONS ITEM # 58956 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance DECLARING 2.228 acres of land on London Bridge Road EXCESS and AUTHORIZING the City Manager to sell the property to Parrott Properties, LLC Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 II I III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 AN ORDINANCE DECLARING 2.228 ACRES OF CITY-OWNED PROPERTY TO BE IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO SELL THE PROPERTY TO PARROTT PROPERTIES LLC WHEREAS, the City of Virginia Beach (the "City") is the owner of a parcel of land located on London Bridge Road, more particularly described on Exhibit "A" attached hereto, and designated as "Parcel A" on the plat attached hereto as Exhibit "B" (the "Property"); WHEREAS, the City acquired a portion of the Property (.092 acres) in 1999 as a remnant from the London Bridge Road Phase III Improvements Project (the "Road Remnant") and the balance of the Property (2.136 acres) was acquired pursuant to the APZ-1/ Clear Zone Use and Acquisition Plan (the "APZ-1 Purchase"); WHEREAS, the City funded the acquisition of the APZ-1 Purchase through a partnership with the Commonwealth of Virginia (the "Commonwealth"), with each party contributing fifty percent (50%) of the purchase price; WHEREAS, the Property is in an area designated for non-residential use in the APZ-1/Clear Zone Master Plan adopted by Council on April 1 ,2008; WHEREAS, the APZ-1 Disposition Committee has recommended that City Council declare the Property to be in excess of the City's needs and sell the Property to Parrot Properties LLC ("Parrot"); WHEREAS, Parrot will construct a new facility on the Property to prescribed standards acceptable to the City and for a use compatible with Section 1804 of the City Zoning Code; WHEREAS, Parrot will purchase the Property in accordance with the Summary of Terms attached hereto as Exhibit "C" and made a part hereof; WHEREAS, the City Council is of the opinion that the Property is in excess of the needs of the City of Virginia Beach. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Property described on Exhibit "A" is hereby declared to be in excess of the needs of the City of Virginia Beach and that the City Manager is hereby authorized to execute any documents necessary to convey the Property to Parrot Properties LLC, in substantial conformity with the Summary of Terms attached hereto as Exhibit C and such other terms, conditions or modifications as are deemed II I III I 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney. Further, that the revenue from the sale of the Property in the amount of $311,920 shall be received and appropriated as follows: 1. $149,520 shall be appropriated to CIP #9-060, Oceana and Interfacility Traffic Area Conformity and Acquisition, for the purpose of the City Manager refunding the Commonwealth's portion in accordance with the partnership agreement; 2. $162,400 shall be appropriated to CIP #3-368, Various Site Acquisitions. This ordinance shall be effective from the date of its adoption. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rddayof June ,2009. CA-11020 PREPARED: R-1 Cltt~OVE. D AS TJ> C~NTENT :ijljjL( j/J. &UfltIlIG Economic Development APPROVED AS TO CONTENT "\ - 'j ') ~ "~O/l/.l) U. \ 2J'6,J I Management Services ) APPROVED AS TO LEGAL ~~~~ City :t\tto . ne _' II I III I EXHIBIT "A" Property on London BridQe Road: All that certain lot, tract or parcel of land together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "GPIN 1497-92-7135 PARCEL A 97,057 SQUARE FEET OR 2.228 ACRES" as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD, VIRGINIA BEACH, VIRGINIA", dated April 3, 2009, and as it may be amended by the City, Scale: 1" = 50', prepared by LandMark Design Group, which plat is on file in the Department of Economic Development and will be duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, to which reference is made for a more particular description. 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",'" ~~; ~ SO 5\J..ZZ ~~g~ W ~~s~ ~ 5~~~ J.n~ffi~ ~~~~ ~l-"JO ~ol.JJ~ t....FO V1~<iW c:q:=:>\.lJ z~o'" ~o:\tn. ~~~i d;%~5 'i3?;ig i~o~ ....~~"- to[~ ~~~t3 ~~~t ~~~~ ~~~8 ~~~~ 8 5e~o . ~ zol-';( 0.. ~8~l!lO: ~ .:.; ~ <> ~ o 0: ;; ,,; z .0 <Q~ ",> O' 3'''' <.J~ :OW '" ;:)<( <>.z u..t:: oe ",0 0' \:)' W' ",I i5 oia o \:),,; wZ g:G 00: ",5 Z... ,%0 5~ <>.<.) fA 6 0: <>. 9t II I' I III I EXHIBIT "C" SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT LONDON BRIDGE ROAD SELLER: City of Virginia Beach PURCHASER: Parrott Properties LLC, a Virginia limited liability company PROPERTY: Parcel on London Bridge Road LEGAL DESCRIPTION: Property on London Bridge Road: All that certain lot, tract or parcel ofland together with the improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "GPIN 1497-92-7135 PARCEL A 97,057 SQUARE FEET OR 2.228 ACRES" as shown on that certain plat entitled: "RESUBDIVISION OF PROPERTIES OF CITY OF VIRGINIA BEACH LOCATED ON LONDON BRIDGE ROAD, VIRGINIA BEACH, VIRGINIA", dated April 3, 2009, and as it may be amended by the City, Scale: 1" = 50', prepared by LandMark Design Group, which plat is on file in the Department of Economic Development and will be duly recorded in the Clerk's Office ofthe Circuit Court of the City of Virginia Beach, Virginia, to which reference is made for a more particular description. Subject to a cross-access easement to be reserved by the City for the benefit of the City's remaining adjacent lands. SALE PRICE: $311,920 ($299,040 for the portion purchased by the APZ-l Program and for which 50% shall be paid to the Commonwealth of Virginia; $12,880 to be retained solely by the City) CONDITIONS OF SALE . The Buyer shall construct an 8,000 square foot facility; . The Buyer shall submit a site plan for review and approval by the Planning Department prior to any construction; . The Buyer will conform to the restrictive Covenants and Design Criteria as follows: II I' III I RESTRICTIVE COVENANTS AND DESIGN CRITERIA As used herein, the word "Property" shall mean the property described in the attached Purchase Agreement of which this Exhibit is a part. The parties referenced are Parrot Properties LLC, a Virginia limited liability company d/b/a Tidewater Fleet Supply LLC, a Virginia limited liability company ("Buyer") and the City of Virginia Beach, a municipal corporation ofthe Commonwealth of Virginia (the "City"). 1. Uses. a. In addition to the restrictions on the Property by Section 1804 of the City Zoning Code, the following uses and structures are specifically prohibited on the Property: 1. Acetylene Gas (manufacture or wholesale storage); 11. Automobile wrecking; 111. Chemical (manufacturing or refining of any type); IV. Distillery; v. Refining of petroleum products; VI. Storing, sorting, collecting, or bailing of iron, or junk; and V11. Other uses similar to the above or of the same general character as those listed above. b. The Property shall be used for industrial warehousing, wholesale distribution, light manufacturing activities, and office facilities, to the extent an office is utilized for the activities on-site. Any such use must be a compatible use under Section 1804 of the City Zoning Code. c. Where it is unclear whether a particular use of the Property is permitted or prohibited, the City Zoning Administrator, in his or her sole discretion, shall decide, and said decision shall be final and binding upon all persons. 2. Plans. a. All plans and specifications pertaining to building design, construction, landscaping, signs, fences, and subsequent alterations (collectively, the "Plans") are subject to the written approval and consent of the City, which approval shall not be unreasonably withheld. The City shall not be liable in damages for any act or omission regarding the approval or disapproval of the Plans submitted. II I' III I b. All building and land improvements shall be constructed and maintained by the Buyer or subsequent owner or tenant in accordance with the Plans unless an exception is approved in writing by the City. c. Design criteria. 1. Exterior walls of each building shall be finished with approved glass, tilt- up concrete, concrete panel construction, brick, or its equivalent. 11. All on-site electrical, telephone, and other utility lines shall be underground and shall not be exposed on the exterior of any building or improvements. 111. All electrical and mechanical apparatus, equipment, fixtures (other than lighting fixtures), conduits, ducts, flues, and pipes located on the exterior of any building shall be concealed from view from street and from buildings on other sites and shall be architecturally treated in a manner acceptable to the City. IV. Any construction other than the above shall be submitted to the City for approval, and said approval shall rest with the Planning Director, or his designee. 3. Structures and Development. a. The following structures, among others, shall require approval by the City as to height: 1. Chimneys and smoke stacks; 11. Cooling tanks and towers; 111. Flags, banners, pennants, and all other types of cloth or paper signs; IV. Gravity flow, storage, or similar structures; v. Penthouses or structures for housing elevators or equipment; VI. Radio and television towers; Vll. Roof signs; V11l. Skylights or solar panels; IX. Stairways; x. Ventilating fans or similar equipment required to operate and maintain the building. b. No building or structure shall be erected upon the Property nearer than fifty (50) feet to any existing or proposed street and nearer than thirty (30) feet to the side and rear Property or lot line, and the resulting open area shall be designated as the "Setback Space." There shall be an open area (which may include the Setback Space) of at least sixty (60) feet between all adjacent buildings and structures, II I' III I thirty (30) contiguous feet of which shall be designated as the "Landscaped Space." The Setback Space, except as otherwise provided, shall only be used for landscaping, lawns, walks, off-street parking or driveways, provided that no parking shall be allowed between the front building line and the street line and no parking or driveways shall be located within fifteen (15) feet of any Property lines, except by written approval of the City. The Landscaped Space shall be planted with trees, shrubs, and lawns and shall be kept free of any improvements other than driveways and walkways. c. There shall be a two-to-one land-to-building coverage ration (2:1). Therefore, buildings may cover a maximum of fifty percent (50%) of the Property. d. No loading docks or truck entrance doors shall be constructed or located fronting any street or proposed street without the express written consent of the City. Provisions for handling all freight and shipments must be on those sides of any buildings which do not face on any street or proposed street unless otherwise approved by the City. e. Service areas are to be located on those sides of each building which do not front on the street. Parking areas which front a right of way require a landscape buffer. Driveways shall be designed, installed, and maintained in a clean and neat condition. The surfaces of all driveways and permanent parking areas shall be of concrete, asphalt, bituminuous, or such approval as may be approved by the City. It shall be the Buyer's responsibility to extend driveways and public utilities to existing or proposed streets at no expense to the City. f. No materials, supplies, equipment, trash or refuse shall be stored on the Property except inside a building or behind approved visual barriers which screen the store matter from view from streets and adjoining sites and which shall not be less than six (6) feet in height or two (2) feet above the stored matter, whichever is higher. Storage areas shall not be located between a building and a street, except with prior written approval from the City. Plans for such storage areas must be submitted to the City for approval. Said approval rests in the Planning Director in his sole discretion. g. All structures, including, but not limited to, building, signs, and fences shall be maintained in good condition and repair by the Buyer, or his tenant. 4. Signs. a. If Buyer desires to erect or install a sign visible from the street, Buyer shall submit a scale drawing of the sign to the City for approval. The drawing may be included with the Plans, or submitted separately. The drawing shall indicate the location of II I III I the sign on the site, size, and dimensions of the sign, lighting method of the sign, and the proposed message to be displayed on the sign, including symbols, words, or letters. The City shall accept or reject the proposed sign. If rejected, the City may stipulate changes to be made or suggest alternatives so that the sign may meet with approval. b. Buyer or his tenant may have no more than two (2) signs per major street frontage and one (1) additional sign for each additional street frontage. For purposes of calculation for the number of permitted signs, only one (1) street frontage per development site shall be designated as the major street frontage. c. Buyer shall be entitled to only one (1) ground-mounted free-standing sign. The sign shall be included among the number of signs allowed for each developed parcel indicated above. The ground-mounted sign shall be no more than a two- faced sign no larger than forth (40) square feet per face and no taller than six (6) feet from grade at its highest point. Grade is defined as the average level of the public street on which in the parcel in question abuts. d. Notwithstanding any other provision of these Restrictive Covenants, Buyer shall be entitled to no more than one hundred ten (110) square feet of total signage per developed parcel, including the ground-mounted sign. e. For purposes of sign illumination, neon lights, bare bulb lights, flashing lights, open flames, colored lights, and any other form of lighting, except as stated below, shall not be permitted on the Property. The only illumination of signs that shall be permitted are either back-lit signs or ground-mounted flood lights in order to illuminate the ground-mounted sign. The light from any flood lights installed by the owner shall not be allowed to shine or glare onto other property or public streets surrounding the Property. 5. Subdivision. Prior to Settlement, the Property shall be subdivided to separate the Property from the City Parcel. Thereafter, the Property shall not be resubdivided so as to create any new lot, parcel, or site containing less than 2.2 acres. 6. The Buyer may also be entitled to certain fee rebates and reimbursements pursuant to City Code. It shall be the Buyer's responsibility to ensure that any development meets the design criteria required by Section 1810 of the City Zoning Ordinance ("Section 1810") and City Code Section 35.2-11. Pursuant to Section 1810, the Comprehensive Plan for Primary Residential Areas must also be followed in order to entitle the Buyer to fee rebates and reimbursements. Additionally, if the Buyer does not landscape or maintain the Property in accordance the approved Plans and Section 1810, then Buyer shall be unable to recoup the rebates and reimbursements. Further, Buyer's business and Property II III I must remain in compliance with the development standards set forth in Section 1810 in perpetuity. 7. Each of the foregoing Restrictive Covenants shall run with the land, and a breach of any one of them, at the option of the City, may be enjoined, abated, or remedied by such remedies as are provided for at law. It is understood, however, that the breach of any of the foregoing Restrictive Covenants shall not defeat or render invalid the lien of any deed of trust on the Property made in good faith and for value and shall not prevent the foreclosure sale of the Property or any part thereof, provided, however, that each and all of the foregoing Restrictive Covenants shall at all times remain in full force and effect against the Property, or any part thereof, title to which is obtained by foreclosure of any mortgage or lien. 8. The Property is hereby restricted by these criteria, and said restriction shall accompany the Deed conveying the Property and be recorded among the Land Records in the Clerk's Office of the Circuit Court of the City of Virginia Beach. This instrument shall at all times apply to the Property and shall be binding upon the Buyer, its heirs, successors, and assIgnees. 9. Invalidation of any of the foregoing Restrictive Covenants by statute, ordinance, or court order shall in no way affect any of the other provisions which shall remain in full force and effect. 10. Each of the foregoing Restrictive Covenants are for the sole benefit ofthe City of Virginia Beach and the respective purchasers and users of property located within Accident Potential Zone-l ("APZ-l "). Buyer acknowledges that the Property is located within APZ-1. 11. Each of the foregoing Restrictive Covenants may as to all persons and property and in its sole discretion be waived, released, rescinded, modified, altered, and amended by the City of Virginia Beach without the consent, approval, or joinder of any other persons or entities, provided, however, that nothing herein shall authorize or permit the City to impose upon the Property any restrictive covenants which are more restrictive than those set forth herein. , T ; ; I / I I / I / I c I! 0:: / C!J ~ 9 o i LJ::' <( ! co -l / < ff I 8 it I < ELON DR_ I / 0 ---.~---_._- . -------'---....___ I -.J ----------I / / / II W.E S Location Map Showing Property to declare excess and Convey to Parrot Properties, LLC London Bridge Prepared by Center for GIS June 2009 ~ "'.fr 4,... ....~ i !: ,\,...... )- ..~~~~ 1 inch equals 100 feet , / I i ! -"~ I -------; i i Legend D Parcel A D Property Lines City Property Buildings III I / / I I J I I / I / I I I i I / i , PARCEL A o a~ Thedl!llaislWCMdI!d"'''"an:lI1eCllydVrgii8.Bea::h~lhdairTB_ ~u::c,Sld~.~ori\1lliedird.ltll1l~P'-fPDllI!. inlfwlhertillp'esstytisdilim5fe&pOlllitilllyrorallnddlw1l!ll,~r.. IpeCil(liIIlnOloIlrilingClUtOlor..CXI'Inl!dk>nYlllhIheUlleOfl*f_d Ihe~IlTheuser~thedlsdMnerdwmanly...-l~aI ~ies e:plMSed.... inphd rdwive&.,.,""'OId8imfor dilmIges in~.~a lor~.an.nooudorin~v.ithIheUlllllor ~d'l1edlilla. CJIJ.JTICN_l1ismlp~~klaIliollln...Ul!$,itisllt;ed~ ITIIIfll'IirClpllljectionlnl~IlJ'Ietmr(Ill.PIqle!tfinfom'lll:ioni&taI'\llhd fromreoorded_md'-llilto'-ITIIppfl{IPfll(tuI;:tsusing\lirgiillSllll:e Pl;meNPD19<<3l1XFl1ntft_em.WIharrinimJml8l1lft~0I+1 _2-5 feet. ThislT"llPPnllplOdll:ti&roI.~uveylllllllttMnt(ftalf1no1beUgedto detemineprtvael\lUtlcPfqlertyllx:8llm.kif~l1IJIconshuction!llle ~(fforllnlllloo:lzonedl!lem1nllonl. Tlnmlpllt;lrlrtOlll'lllll<:ln! I'<lrpoees<rit. ~gIrt0200 9Gt)'ofVJCgiriaEeach CaterrorGIS II III I - 43 - Item V-K.3-a-d ORDINANCES/RESOL UTIONS ITEM # 58957 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance AUTHORIZING the City Manager to execute Leases at the Farmers Marketfor three (3) years eachfor: a. Michele P. Shean b. Country Butcher, Inc. c. Elsie V. Creekmore d. Kenneth A. Chapman Spaces 23, 24, 27 Virginia Garden Space 12 Spaces 7, 8 Spaces 3, 4 Creekmore's Place Chapman's Flowers, Inc. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 II 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3-YEAR LEASE 3 WITH MICHELE P. SHEAN (T/A VIRGINIA 4 GARDEN) FOR SPACES #23, #24 AND #27 5 IN THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Property"); 11 12 WHEREAS, Michele P. Shean (t/a Virginia Garden) ("Virginia Garden") is an 13 existing tenant and would like to enter into a new formal lease arrangement with the City 14 for Spaces #23, #24 & #27 in the Property (the "Premises"); 15 16 WHEREAS, the Premises will be utilized as a retail establishment for the sale of 17 organic produce and groceries, and for no other purpose; 18 19 WHEREAS, Virginia Garden has agreed to pay the City $706 per month ($8,472 20 per year) for the use of the Premises for the first year of the term, with annual rent 21 increases equal to 5%; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of three 27 (3) years between Michele P. Shean (t/a Virginia Garden) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto, and such other 29 terms, conditions or modifications as may be acceptable to the City Manager and in a 30 form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of 33 June, 2009. APPROVED AS TO LEGAL SUFFICIENCY AN FORM APPROVED AS TO CONTENT en~L:re . CA11026 v :\applications\citylawprod\cycom32\ Wpdocs\D007\P004\0007180 I.DOC R-1 June 10, 2009 II SUMMARY OF TERMS LEASE FOR SPACES #23, #24, AND #27 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Michele P. Shean (t/a Virginia Garden) PREMISES: Spaces #23, #24, and #27 TERM: 3 years: July 1, 2009 - June 30, 2012 RENT: y M thl R t A IR t ear on Iy en nnua en 1 $ 706 $ 8,472 2 $ 741 $ 8,892 3 $ 778 $ 9,336 RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for the sale of organic produce and groceries, and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. . During the months of April through December, the Premises will be open from 10:00 a.m. to 5:00 p.m. Monday through Saturday, and will be closed Sunday. During the months of January and February, the Premises will be open from 10:00 a.m. to 5:00 p.m. Tuesday through Saturday, and will be closed on Sunday and Monday. The Premises will be closed in March. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Virginia Power. II TERMINATION: . After 18 months, either party may terminate by providing the other party sixty (60) days' notice. . City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. IIvbgov .comldfs 1 lapplicalionslcilylawprodlcycom321WpdocslD0091P00510001500O. DOC \ ------- ----- /. , ",,~;>.':.--,~ ~'o~9. \f \ '- ___-r--==- ~-""",,--""'.'~-- :1 ! I ? o n 'TI~ -It P1r ~z .0 il "'- \ 'T r\\ 3 ~ \ \ \ , -c.' ,.,.. . / ,.) .-" ~- II I III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE A 3-YEAR LEASE WITH COUNTRY BUTCHER, INC. FOR SPACE #12 IN THE VIRGINIA BEACH FARMERS MARKET WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam Neck Road in Virginia Beach, Virginia (the "Farmers Market"); WHEREAS, Country Butcher, Inc. ("Country Butcher") is an existing tenant and would like to enter into a formal lease arrangement with the City for Space #12 in the Farmers Market (the "Premises"); WHEREAS, the Premises will be utilized as a butcher shop serving fresh meats, and for no other purpose; WHEREAS, Country Butcher has agreed to pay the City $592 month ($7,104 per year) for the use of the Premises for the first year of the term, with annual rent increases equal to 5%; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute a lease for a term of three (3) years between Country Butcher, Inc. and the City, for the Premises in accordance with the Summary of Terms attached hereto and made a part hereof, and such other terms, conditions or modifications as may be acceptable to the City Manager and in a form deemed satisfactory by the City Attorney. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of June ,2009. APPROVED AS TO LEGAL SUFFICIENCY AND FORM Ci~~~ APPROVED AS TO CONTENT 4~-->. · · Department of :A.griculture CA11025 v :lapplicationslcitylawprodlcycom321 WpdocslD0251P004100007364 .DOC R-1 June 12, 2009 II SUMMARY OF TERMS LEASE FOR SPACE #12 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Country Butcher, Inc. PREMISES: Space #12 TERM: 3 years: July 1,2009 - June 30, 2012 RENT: y M thl R t A IR t ear on IV en nnua en 1 $ 592 $ 7,104 2 $ 622 $ 7,464 3 $ 653 $ 7,836 RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space as a butcher shop serving fresh meats, and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. . During all months except for March, the Premises will be open from 10:00 a.m. to 5:00 p.m. Monday, Tuesday, Thursday, Friday and Saturday; and from 12:00 p.m. through 5:00 on Sundays. The Premises will be closed on Wednesdays and during the month of March. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: . After 18 months, either party may terminate by providing the other party sixty (60) days' notice. II III I . City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. V :lapplicationslcitylawprodlcycom321 Wpdocs\D0251P004100007365 .DOC /--: I ' ------- ---~ ---- ----- \ '- ~-_....~.-~-,. fJ o "V~ pit IIIr r:'l il .,,,- -'" ! , J ; ~\\ '3 ~ \ \. l \ \ --(.\ ~- II I III I 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A 3-YEAR LEASE 3 WITH ELSIE V. CREEKMORE (T/A 4 CREEKMORE'S PLACE) FOR SPACES #7 & 5 #8 IN THE VIRGINIA BEACH FARMERS 6 MARKET 7 8 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 9 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 10 Neck Road in Virginia Beach, Virginia (the "Farmers Market"); 11 12 WHEREAS, Elsie V. Creekmore (t/a Creekmore's Place) ("Creekmore") is an 13 existing tenant and would like to enter into a formal lease arrangement with the City for 14 Spaces #7 and #8 in the Farmers Market (the "Premises"); 15 16 WHEREAS, the Premises will be utilized as a retail establishment selling 17 produce, flowers, sodas, and canned preserves, and for no other purpose; 18 19 WHEREAS, Creekmore has agreed to pay the City $492 per month ($5,904 per 20 year) for the use of the Premises for the first year of the term, with annual rent increases 21 equal to 5%; 22 23 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 24 OF VIRGINIA BEACH, VIRGINIA: 25 26 That the City Manager is hereby authorized to execute a lease for a term of three 27 (3) years between Elsie V. Creekmore (t/a Creekmore's Place) and the City, for the 28 Premises in accordance with the Summary of Terms attached hereto and made a part 29 hereof, and such other terms, conditions or modifications as may be acceptable to the 30 City Manager and in a form deemed satisfactory by the City Attorney. 31 32 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of 33 June, 2009. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~1~ City Attorney APPROVED AS TO CONTENT ;#..> ,~~ "' Department 'Of griculture . CA11024 \ \vbgov.com\dfs I \applications\citylawprod\cycom32\ Wpdocs\D009\P005\OOO 14984.DOC R-1 June 12,2009 II SUMMARY OF TERMS LEASE FOR SPACES #7 & #8 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Elsie V. Creekmore (tla Creekmore's Place) PREMISES: Spaces #7 and #8 TERM: 3 years: July 1, 2009 - June 30, 2012 RENT: y M thl R t A IR t ear onlY en nnua en 1 $ 492 $ 5,904 2 $ 517 $ 6,204 3 $ 543 $ 6,516 RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space for the sale of produce, flowers, sodas, and canned preserves, and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance for the Premises with policy limits of not less than $1,000,000 combined single limits per occurrence. . During the months of April through December, the Premises will be open from 10:00 a.m. to 5:00 p.m. Monday through Saturday, and from 12:00 p.m. through 5:00 on Sunday. Lessee is not required to be open during the months of January, February and March. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Virginia Power. TERMINATION: . After 18 months, either party may terminate by providing the other party sixty (60) days' notice. II . City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. V :\applications\citylawprod\cycom32\ Wpdocs\D025\PO04\00007365 DOC l- # fi / IJ ll:~ .~ 1, ...: .. .."'~ "" - ; . . ;i; .i~, ..... hi 1:.1 ::-f ~1 1:1 If~J : f --~. hj ~ t-f I. . '- /} f }- j!--- _.t. :.- --:~ \ t:>-.. \ \ l \ ;..\ \\\ i,. .- ..l., t' .' " oF . ~ '" ell - -=r,.:;:- ." ._-~- \ - I . , ./ - ~ II 1 AN ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO EXECUTE A LEASE FOR THREE 3 YEARS WITH KENNETH A. CHAPMAN (T/A 4 CHAPMAN'S FLOWERS, INC.) FOR CITY-OWNED 5 PROPERTY KNOWN AS SPACES #3 & #4 IN THE 6 VIRGINIA BEACH FARMERS MARKET IN THE CITY 7 OF VIRGINIA BEACH, VIRGINIA 8 9 WHEREAS, the City of Virginia Beach (the "City") is the owner of The City of 10 Virginia Beach Farmers Market located at the corner of Princess Anne Road and Dam 11 Neck Road in Virginia Beach, Virginia (the "Property"); 12 13 WHEREAS, Kenneth A. Chapman (t/a Chapman's Flowers, Inc.) ("Chapman's 14 Flowers") is an existing tenant and would like to enter into a new formal lease 15 arrangement with the City for Spaces #3 & #4 in the Property (the "Premises"); 16 17 WHEREAS, the Premises will be utilized as a specialized florist, and for no other 18 purpose; 19 20 WHEREAS, Chapman's Flowers has agreed to pay the City $592 per month 21 ($7,104 per year) for the use of the Premises for the first year of the term, with annual 22 rent increases equal to 5%; 23 24 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 27 That the City Manager is hereby authorized to execute a lease for a term of three 28 (3) years between Kenneth A. Chapman (t/a Chapman's Flowers, Inc.) and the City, for 29 the Premises in accordance with the Summary of Terms attached hereto, and such 30 other terms, conditions or modifications as may be acceptable to the City Manager and 31 in a form deemed satisfactory by the City Attorney. 32 33 Adopted by the Council of the City of Virginia Beach, Virginia on the 1.1 rd day of 34 June, 2009. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~ City t or APPROVED AS TO CONTENT ;;fP~~' ( Department of gnculture CA11023 v :\applications\citylawprod\cycom32\ Wpdocs\D007\P004\0007180 I.DOC R-1 June 12, 2009 Ii SUMMARY OF TERMS LEASE FOR SPACES #3 & #4 AT THE VIRGINIA BEACH FARMERS MARKET LESSOR: City of Virginia Beach LESSEE: Kenneth A. Chapman (Va Chapman's Flowers, Inc.) PREMISES: Spaces #3 and #4 TERM: 3 years: July 1, 2009 - June 30, 2012 RENT: y M thl R A IR t ear on IV ent nnua en 1 $ 592 $ 7,104 2 $ 622 $ 7,464 3 $ 653 $ 7,836 RIGHTS AND RESPONSIBILITIES OF LESSEE: . Use leased space as a specialty florist, and for no other purpose. . Maintain leased space, including heating and air conditioning units and/or heat pump units. . Payment of all assessed fees. . Purchase commercial general liability insurance for the Premises with policy limits of not less than $500,000 combined single limits per occurrence. . During the months of April through December, the Premises will be open from 10:00 a.m. to 5:00 p.m. Tuesday through Saturday; from 12:00 p.m. through 5:00 p.m. on Sundays; and will be closed on Monday. During the months of January through March, the Premises will be open from 10:00 a.m. to 5:00 p.m. Tuesday through Saturday; and will be closed on Sunday and Monday. RIGHTS AND RESPONSIBILITIES OF CITY: . Maintain common areas of the Property and structural elements of the Premises. . Provide water and sewer. . Provide electrical service unless Lessee has its own account with Dominion Virginia Power. II III I TERMINATION: · After 18 months, either party may terminate by providing the other party sixty (60) days' notice. · City also has special right to terminate if necessary for any public purpose by giving sixty (60) days' written notice. I Ivbgov .comldfs 1 lapplicalionslcitylawprodlcycom321WpdocslD0091P0051000 14979. DOC ~ \ \ \ 11 I' L\ It.,) Ii f; J -:: J , ~ q... ~ . J rl / 11 lJ ,: i -.. 1, ..: ... .21&~ ~. : ~ ;;,. i!-; -. h. f.-J . -, ':' f': f~ f: J~~J =. .-.. ;;1 ~ ":-! .1 ;1 1"-, !;..f :~ f\ \ l:l-- \ ., \ '--\ ,\ \ \ \ \ .J... { J. ;' /} f f- -r-" '- / " ~ --~~, ~-. 1 I ,/ .... II III I - 44- Item V-K4. ORDINANCES/RESOLUTIONS ITEM # 58958 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance A UTHORIZING the Director of Housing and Neighborhood Preservation to reimburse an employee $1,500 from the FY2008-09 Operating Budget for legal fees and expenses incurred in defense of the performance of his official duties Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 II 1 AN ORDINANCE AUTHORIZING THE 2 REIMBURSEMENT OF AN EMPLOYEE'S 3 LEGAL FEES AND EXPENSES INCURRED IN 4 THE SUCCESSFUL DEFENSE OF A 5 MISDEMEANOR CHARGE ARISING FROM 6 THE DISCHARGE OF OFFICIAL DUTIES 7 8 WHEREAS, a Virginia Beach employee was charged with a misdemeanor for 9 actions arising out of the performance of his official duties; 10 11 WHEREAS, at a trial held in the Virginia Beach General District Court on June 1, 12 2009, the employee was found not guilty of the charge; 13 14 WHEREAS, in the defense of said charge, the employee incurred legal fees and 15 expenses in the amount of $1,500.00 and has requested the City to reimburse him for such 16 fees and expenses; 17 18 WHEREAS, Section 15.2-1521 of the Code of Virginia provides that U(i)f any officer 19 or employee of any locality is investigated, arrested or indicted or otherwise prosecuted on 20 any criminal charge arising out of any act committed in the discharge of his official duties, 21 and no charges are brought, the charge is subsequently dismissed, or upon trial he is 22 found not guilty, the governing body of the locality may reimburse the officer or employee 23 for reasonable legal fees and expenses incurred by him in defense of such investigation or 24 charge, the reimbursement to be paid from the treasury of the locality"; and 25 26 WHEREAS, the Department Director and the City Attorney's Office have reviewed 27 the circumstances of this case, assessed the itemized bill submitted by the employee's 28 legal counsel, and determined that the legal fees and expenses are reasonable. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the Director of Housing and Neighborhood Preservation is hereby authorized to 34 expend funds in the amount of $1,500.00 from the FY 2008-09 Operating Budget of the 35 Department of Housing and Neighborhood Preservation for the purpose of reimbursing the 36 employee for legal fees and expenses incurred by him in defense of a misdemeanor 37 charge brought against him arising out of the performance of his official duties. 38 39 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd 40 day of June , 2009. TENT: APPROVED AS TO LEGAL SUFFICIENCY: CA11158 R-1 June9,2009 II III I - 45 - Item V-K.5.a. ORDINANCES/RESOLUTIONS ITEM # 58959 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance AUTHORIZING temporary encroachments into a portion of City-owned property for Gary Robinson to construct and maintain rip rap and a walkway at Lake Rudee at the rear of 606 Goldsboro Avenue The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressZv understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee: that within thirty (30) days after the notice is given the Temporary Encroachment must be removedfrom the Encroachment Area by the Grantee; and, the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). June 23,2009 II III I - 46- Item V-K.5.a. ORDINANCES/RESOLUTIONS ITEM # 58959 (Continued) 8. It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of fifteen (15) feet in width landwardfrom the shoreline, shall run the entire length of the shoreline and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer "). The Buffer shall not be established during the months of June, July or August so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond, or other security, in an amount equal to the estimated cost of the required Buffer plantings to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning when the Buffer is complete and ready for inspection. Upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion through the Buffer to the shoreline, is allowed. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and col/ect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. June 23,2009 II III I - 47- Item V-K5.a. ORDINANCES/RESOLUTIONS ITEM # 58959 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 II I 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF CITY 6 PROPERTY KNOWN AS LAKE RUDEE 7 LOCATED AT THE REAR OF 606 8 GOLDSBORO AVENUE FOR GARY W. 9 ROBINSON 10 11 WHEREAS, GARY W. ROBINSON desires to construct and maintain rip rap and 12 a walkway in a portion of City property known as Lake Rudee, located at the rear of 606 13 Goldsboro Avenue, in the City of Virginia Beach, Virginia. 14 15 WHEREAS, City Council is authorized pursuant to 99 15.2-2009 and 15.2-2107, 16 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 1 7 Cityls property subject to such terms and conditions as Council may prescribe. 18 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof contained in 99 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Gary W. Robinson, his heirs, 23 assigns, and successors in title, are authorized to construct and maintain temporary 24 encroachments for rip rap and a walkway within a portion of the City's property known as 25 Lake Rudee as shown on the map marked Exhibit ''Ii: and entitled: "ENCROACHMENT 26 REQUEST-"EXHIBIT ~'RIP RAP AND WALKWAY FOR GARYW. ROBINSON LOTS 9 27 & 10 & EASTERN HALF OF LOT 8, BLOCK 28, SHADOW LAWN HEIGHTS," a copy of 28 which is on file in the Department of Public Works and to which reference is made for a 29 more particular description; and 30 31 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 32 subject to those terms, conditions and criteria contained in the Agreement between the 33 City of Virginia Beach and Gary W. Robinson (the "Agreement'), which is attached hereto 34 and incorporated by reference; and 35 36 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 37 is hereby authorized to execute the Agreement; and 38 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 40 time as Gary W. Robinson and the City Manager or his authorized designee execute the 41 Agreement. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2 3rd day 44 of June 2009. CA-10743 X:IOIDlREAL ESTATEIEncroachmenlslPW OrdinanceslCA10743 Robinson Ordiance.doc V:lapplicalionslcilylawprodlcycom32lWpdocslD014lP004100062406.DOC R-1 PREPARED: 5/13/09 II I III I APPROVED AS TO CONTENTS ~IQ~~ 0 ~urWlAa - ~. PUBLIC WORKS, REAL ESTATE cT S /,s/Cq APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~~I 5pu-ieJCou.n~ CITY ATTORNEY II , III I PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 29th day of April, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and GARY W. ROBINSON, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lots 9, Lot 10,and the Eastern one-half of Lot 8, Block 28" as shown on that certain plat entitled: "MAP OF SHADOW LAWN HEIGHTS VIRGINIA BEACH PRINCESS ANNE CO SCALE 1" = 100' APRIL 1924" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 14, and being further designated, known, and described as 606 Goldsboro Ave, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain rip rap and a walkway, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of City property known as Lake Rudee, located at the rear of 606 Goldsboro Avenue, Virginia Beach, Virginia, the "Encroachment Area"; and GPIN: 2427-01-7641-000 (606 Goldsboro Avenue) CITY PROPERTY - NO GPIN II , III I WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordan ce with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT REQUEST - "EXHIBIT A" RIPRAP AND WALKWAY FOR GARY ROBINSON LOTS 9 & 10 & EASTERN HALF OF LOT 8, BLOCK 28, SHADOW LAWN HEIGHTS (M.B. 7 PG. 14)", a copy of which is attached hereto as "Exhibit A" and to which reference is made for a mo re particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 II I III I It is further expressly understood and agreed that the Grantee shall defend, indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expen ses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to pe rmit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is understood and agreed the Grantee shall make a FIVE HUNDRED AND FORTY DOLLAR ($540.00) payment, payable to the City Treasurer, to the Department of Planning as compensation in lieu of the 15 feet of riparian buffer area required as a standard condition of the City, which cannot be established on the Grantee's property. Said payment will be used to restore buffer areas on City owned property. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to 3 II carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilit ies, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such co mpensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, GARY W. ROBINSON, the said Grantee, has caused this Agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 II , III I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk! Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public ( SEAL) Notary Registration Number: My Commission Expires: 5 II , III I b;:~cu.# GA Y W. ROBINSON , STATE OF VIRGINIA . CITY,COUNT'fOF Vi y~iNl,4 Pt-cc.\:tto-wit: The foregoing instrument was acknowledged before me this d)cr ~ay of t::t .Apn"t.- , 200~, by Gary W. Robinson. Notary Public Cf~ JAClYN IMRIf ROlE' NatlrrPuIlllc Commonwelftrl of VIroioIl 7215918 Commit.,. Mar 31.2012 Notary Registration Number: --'~J5q7~ My Commission Expires: h\ tA.(C~ 3/) :Lo l ~ APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~L[\' /~lrl1~Z~fD rv\gtiJwl,~J"'(~ SIGNA lURE ') . C') ~ ~_:: ~.. () "r '--\\J \~~ .l (. lC'1C')L\(/) r-\{-(~_~ C::)\Cl ( , DEPARTMENT 6 II PROPOSED 60 LF RIP RAP TO BE INSTALLED AT TOE. LANDWARD OF EX. TIMBER BULKHEAD AT SOUTHERN END OF PROPERTY. SEAWARD OF EX. TIMBER BULKHEAD AT WESTERN SIDE OF PROPERTY - BULKHEAD AND PILES TO BE REMOVED / /-- ", ~ RIP R: 0 -,--------- ADJACENT PROP RTY o 1 B. PARKER III ORO AVENUE 7-01-8610 I III I LAKE RUDEE __ EBBJ ("'FLOOD - APO 2 CITY OF VIRGINIA BEACH GPIN: 2427-01-8282 EX. PIER & RAMP MlW & MHW AT EX. BULKHEAD PROPOSED 4' X 16' WAU<WAY OVER RIP RAP / ,--', ~ RIP R:: 0 ',----- ADJACENT PROP RTY APO 1 N/F JOHN B. PARKER III 604 GOlDSBORO AVENUE GPIN: 2427-01-8610 / ~~:. _~~~BF;B--Bt1CKHEAD PROPERTY LINE PER PLAT r'1 >< PIER & -H o ~ ~ MLW APO 3 N/F WilLIAM SIMMONS 612 GOlDSBORO AVENUE GPIN: 2427-01-6650 /EX~ ------ 1 STORY BRICK & FRAM E #606 o o rTl >< EX. CONC. ,DRIVE DETAIL VIEW SCALE: 1 "=30' 75 GPIN: 2427 01 7641 ZONING: R5S (INST # 20051202001929990) APO'S: 1. J. PARKER 2. CITY OF VIRGINIA BEACH 3. W. SIMMONS ENGINEERING SERVICES PROVIDED BY: PROFESSIONAL CONSTRUCTION CONSULTANTS. LLC. PHONE: (757) 773-8084 EMAlL: PCCLLCOCOX.NET REV JUNE 17, 2008 REV AUG 5 2008 GOLDSBORO AVENUE (50' R/W) SCALE: 1"=40' ENCROACHMENT REQUEST - "EXHIBIT A" RIPRAP AND WALKWAY FOR GARY ROBINSON LOTS 9 & 10 & EASTERN HALF OF LOT 8, BLOCK 28, SHADOW LAWN HEIGHTS (M.B. 7 PG. 14) MAY 28, 2008 SHEET 1 OF II III I - 48 - Item V-K.5.b. ORDINANCES/RESOLUTIONS ITEM # 58960 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance AUTHORIZING temporary encroachments into a portion of City-owned property for Charles Dale Everhart to construct and maintain two piers, gangway, floating dock and boatlift in Treasure Canal at the rear of 2213 Leeward Shore Drive The following conditions shall be required: 1. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach. 2. Nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 3. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee and that within thirty (30) days after the notice is given the Temporary Encroachment must be removed from the Encroachment Area by the Grantee and that the Grantee will bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Grantee shall defend, indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 5. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 6. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 7. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit "). June 23,2009 II III I - 49- Item V-K5.b. ORDINANCES/RESOL UTIONS ITEM # 58960 (Continued) 8. It is understood and agreed the Grantee shall make a Five Hundred and Forty Dollar ($540.00) payment, payable to the City Treasurer, to the Department of Planning as compensation in lieu of the fifteen (15) feet of riparian buffer area required as a standard condition of the City, which cannot be established on the Grantee's property. Said payment will be used to restore buffer areas on City-owned property. 9. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00 combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Temporary Encroachment must coriform to the minimum setback requirements, as established by the City. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee and collect the cost in any manner provided by law for the collection of local or state taxes, may require the Grantee to remove the Temporary Encroachment and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. June 23,2009 II - 50 - Item V-K.5.b. ORDINANCES/RESOLUTIONS ITEM # 58960 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None III I June 23,2009 II I III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 Requested by Department of Public Works AN ORDINANCE TO AUTHORIZE TEMPORARY ENCROACHMENTS INTO TREASURE CANAL, A PORTION OF CITY PROPERTY LOCATED AT THE REAR OF 2213 LEEWARD SHORE DRIVE, BY CHARLES DALE EVERHART WHEREAS, Charles Dale Everhart desires to construct and maintain a pier, gangway, floating dock, and boatlift upon a portion of the City's property known as Treasure Canal, located at the rear of 2213 Leeward Shore Drive, in the City of Virginia Beach, Virginia. WHEREAS, City Council is authorized pursuant to SS 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the City's property subject to such terms and conditions as Council may prescribe. NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That pursuant to the authority and to the extent thereof contained in SS 15.2- 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Charles Dale Everhart, his heirs, assigns and successors in title are authorized to construct and maintain the temporary encroachments for two piers, gangway, floating dock, and boatlift, upon the City's property as shown on the map marked Exhibit "A" and entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED PIER, GANGWAY, FLOATING DOCK, & BOATLlFT IN TREASURE CANAL AT LOT 204A BAY ISLAND SECTION 2," a copy of which is on file in the Department of Public Works and to which reference is made for a more particular description; and BE IT FURTHER ORDAINED, that the temporary encroachments are expressly subject to those terms, conditions and criteria contained in the Agreement between the City of Virginia Beach and Charles Dale Everhart (the "Agreement"), which is attached hereto and incorporated by reference; and BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the Agreement; and BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such time as Charles Dale Everhart and the City Manager or his authorized designee executes the Agreement. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rdday of June , 2009. Ii III I CA-10784 X:\OID\REAL EST A TE\Encroachments\PW Ordinances\CA 10784 Everhart Ordiance.doc V:\applications\citylawprod\cycom32\Wpdocs\D016\P004\00001301.DOC R-1 PREPARED: 5/22/09 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM Pt2/a~ ' Dana R. Harm~ Assistant City Attorney II PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 15th day of May, 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHARLES DALE EVERHART, HIS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 204A" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 201, 202, 203 & 204 BAY ISLAND SECTION-2 PRINCESS ANNE COUNTY, VA.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 55, at page 53, and being further designated, known, and described as 2213 Leeward Shore Drive, Virginia Beach, Virginia 23454; WHEREAS, it is proposed by the Grantee to construct and maintain two piers, gangway, floating dock, and boatlift, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City property known as Treasure Canal, the "Encroachment Area"; and GPIN: 2409-29-0308-0000 No GPIN Assigned (Treasure Canal) II I III I WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A ENCROACHMENT OF PROPOSED PIER, GANGWAY, FLOATING DOCK, & BOATLlFT IN TREASURE CANAL AT LOT 204A BAY ISLAND SECTION 2," a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 II It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction with the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee shall establish and maintain a riparian buffer, which shall be a minimum of 15 feet in width landward from the shoreline, shall run the entire length of the shoreline, and shall consist of a mulched planting bed and contain a mixture of shrubs and perennial plants (the "Buffer"). The Buffer shall not be established during the months of June, July, or August, so that it has the greatest likelihood of survivability. Prior to the City issuing a Permit, the Grantee must post a bond or other security, in an amount equal to the estimated cost of the required Buffer plantings, to the Department of Planning to insure completion of the required Buffer. The Grantee shall notify the Department of Planning 3 II when the Buffer is complete and ready for in spection; upon satisfactory completion of the Buffer as determined by the City, the bond shall be released. An access path, stabilized appropriately to prevent erosion, through the Buffer to the shoreline is allowed. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the 4 II Grantee; and if such removal shall not be mad e within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Charles Dale Everhart, the said Grantee, has caused this agreement to be executed by his signature. Further, that the City of Virginia Beach has caused this agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 5 II I III I CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2009, by , CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public (SEAL) Notary Registration Number: My Commission Expires: 6 II f.J !LJ;J1~ c;f~2-~~~47V~'6 Dale Everhart STATE OF V I R 61/ tv I Pr CITY/COUNTY OF 'PA1 ~pf.b<... .-Yk. The foregoing instrument was ackn owledged before me this ~ day of , to-wit: fV1!t-1 ,2009, by Charles Dale Everhart. I J cJ.J.,. (1.1oJ3~ (SEAL) ~PUbliC U My Commission Expires: ,...."".~~,....--".,.;I>"'.'''"'....._rl., ~..".'-,' _,~"'''~'''~~'''s...:.t;''''~", '<l)"orm p~tnf~~iw~rr~~F VIRGINIA ~ VIOHI DUNGAAANI COUNTY OF FAIRFAX .. 10 # 7072482 My CommissIcn ExpIres .......-.."".".". f' ,.<" ~~!1!:J!.!!l9__ Notary Registration Number: 707 Z4- G 2- APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~h' C.~w"- GNATURE , 'f\ I--- Pt2~ - DANA R. AR~YER, ASSISTANT CITY ATTORNEY Pto Rc<:J:d E's'tlt: DEPARTMENT 7 II K\ O' 20' 40' ~ SCALE: 1" ~ 40' PROPERTY LINE / RICHARD & ANNA BRAMBLE LOT 203A GPIN #2409291316 MB 48 PG 15 APPlICA1\ON BY: DALE EVERHARl 9804 SPRING RIDGE LANE VIENNA VA 22182 CITY OF VA BEACH ~ CANAL FAR SIDE (BULKHEADED) TREASUR E CANAL CANAL CENTER L1NE~ 68' MLW --- ---....,g,....- MHW SPAN LINE PROPOSED*'X-';:- - G NGWAY PROPOSED 5 13' ACCESS PIER ~5' 1 34' 4' 9' 24' EXISTING BULKHEAD & PIER (TO BE REMOVED FOR RIPRAP) w.J 15' MULCHED BUFFER - 1875 SF (5) TREES - CANOPY OR EVERGREEN (5) UNOER STORY TREES - CANOPY OR EVERGREEN (10) LARGE SHRUBS (15) SMALL SHRUBS OR WOODY GROUND COVER REFERENCE VDCR RIPARIAN BUFFER MANUAL TABLE A '.,. -N ..... N .0 o o::i IX) z ... .", . '0 o ...; IX) w.J '.,. 'A' . .,- - ~ N ..... N .~. '0, z DALE EVERHART LOT 204A GPIN #2409290308 MB 48 PG 1 5 4 PILE LANDWARD EDGE PROPOSED RIPRAP ACCESS PIER PROPERTY LINE PATRICIA MEHLE ROULSTONE LOT 205 GPIN #2409198460 MB 48 PG 15 '1000' S 78' 30' 36" E .. L. 10' R 415 SPINNAKER CIR 215' LEEWARD SHORE DRIVE EXHIBIT A ENCROACHMENT OF PROPOSED PIER, GANGWAY, FLOATING DOCK, & BOAlLIFT IN TREASURE CANAL Al LOT 204A BAY ISLAND SECTION 2 MARINE ENGINEERING & TECHNOLOGY LLC 811 JUNIPER CRESCENT SUITE # 1 2 CHESAPEAKE, VA 2.3.320 PH: (757) 227-4786 SHEET 1 OF 1 DATE: DECEMBER 29, 2008 II III I - 51 - Item V-K.6. ORDINANCES/RESOLUTIONS ITEM # 58961 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance PROVIDING for bids for a Lease of a portion of City-owned property at 320 Sandbridge Road (Sandbridge water tank site) re constructing, maintaining and operating wireless telecommunications facilities. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23, 2009 II I III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE PROVIDING FOR BIDS FOR A LEASE OF A PORTION OF THE CITY PROPERTY LOCATED AT 320 SANDBRIDGE ROAD (SANDBRIDGE WATER TANK SITE) FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That there shall be granted, in the mode prescribed by Article 1, Chapter 21, Title 15.2 of the Code of Virginia, as amended, upon the conditions hereinafter specified, a lease of property more fully described in the attached document entitled "Antenna Lease Agreement Sandbridge Water Tank Site," City of Virginia Beach, Lessor, and , Lessee," for the purpose of constructing, maintaining and operating wireless telecommunications facilities, including but not limited to, a monopole-style communications tower, antennas, connecting cables and appurtenances and for the construction, maintenance and operation of an accessory building housing equipment to be used in conjunction with the aforesaid facilities. BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That upon approval of this Ordinance by the City Council, it shall be the duty of the City Clerk to cause to be advertised once per week for two successive weeks, in a newspaper having general circulation in the City, a descriptive notice of the proposed ordinance granting such lease, and in addition the Clerk shall, by such advertisement, invite bids for the privileges and rights proposed to be granted by such ordinance, which bids shall be in writing and shall be delivered to the Mayor, or in the absence of the Mayor, to the Vice-Mayor, in open session at the day and hour specified in such advertisement, which bids shall then be presented to the City Council by the Mayor, or in the absence of the Mayor, by the Vice-Mayor, to be dealt with and acted upon in the manner prescribed by law. Such advertisement shall expressly reserve the right to reject any and all bids, and the successful bidder shall be required to pay all costs of advertising such ordinance in addition to all other sums required under such lease. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of June ,2009. II APPROVED AS TO CONTENT: OMwtvl Department of Public CA11161 June 9, 2009 R-1 , III I APPROVED AS TO LEGAL SUFFICIENCY: ))( Jl~ jV! ~fjatt/ City Attorney's Office II I III I Public Notice Notice is hereby given pursuant to an ordinance approved by the City Council on June 23, 2009, that bids shall be received for a lease of a portion of City property located at 320 Sandbridge Road (Sandbridge Water Tank site), in the Princess Anne District, for the purpose of constructing, maintaining and operating wireless telecommunications facilities, including, but not limited, to antennas, connecting cables and appurtenances and accessory structures to be used in conjunction with the aforesaid facilities. Bids shall be received by the Mayor of the City of Virginia Beach at the regular meeting of the City Council, which will be held in the Council Chambers, City Hall Building, Municipal Center, Virginia Beach, Virginia, on August 25, 2009, at 6:00 p.m., and after the receiving and opening of bids, the Council will either proceed with the consideration of the ordinance awarding of the aforesaid lease or will defer the matter to a subsequent meeting. All bids must be in writing. The right to reject any and all bids is hereby expressly reserved. A descriptive notice of the ordinance awarding the lease is in the following words: AN ORDINANCE PROVIDING FOR BIDS FORA LEASE OF A PORTION OF THE CITY PROPERTY LOCATED AT 320 SANDBRIDGE ROAD (SANDBRIDGE WATER TANK SITE) FOR THE PURPOSE OF CONSTRUCTING, MAINTAINING AND OPERATING WIRELESS TELECOMMUNICATIONS FACILITIES A copy of the proposed ordinance, including the lease to be awarded thereby, is on file and available for inspection during normal business hours in the office of the City Clerk. Ruth Hodges Fraser, MMC City Clerk II III I - 52 - Item V-K. 7. ORDINANCES/RESOLUTIONS ITEM # 58962 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to APPOINT three (3) Viewers for one-year (1) terms beginning July 1, 2009, re the closure of streets and alleys: a. Director of Planning b. Director of Public Works c. Director of Parks and Recreation Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 II I III I 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2009, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2009 and ending June 30, 2010. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2009 and ending June 30, 2010, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of June , 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: R~ City Attorney's OfficeY CA11155 R-1 June 1, 2009 ,I III - 53 - Item V-K.8. ORDINANCES/RESOLUTIONS ITEM # 58963 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution re an application of the VIRGINIA BEACH SCHOOL BOARD to the Virginia Board of Education for a Literary Fund loan in the amount of $4,768,954 for school construction Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 II ,I III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 A RESOLUTION APPROVING AN APPLICATION OF THE VIRGINIA BEACH SCHOOL BOARD TO THE LITERARY FUND OF VIRGINIA FOR A SCHOOL CONSTRUCTION LOAN IN THE AMOUNT OF $4,879,954 WHEREAS, in the FY2002-03 Capital Improvement Program, City Council established Capital Improvement Project (CIP), 1.026 College Park Elementary School Replacement; WHEREAS, additional funding for this replacement was appropriated in the FY2009-10 Capital Budget; WHEREAS, Section 22.1-146 of the Code of Virginia, 1950, as amended, authorizes the Virginia Board of Education to make loans from the Literary Fund to local school boards for the purpose of erecting, altering, or enlarging school buildings; WHEREAS, any indebtedness owed by the Virginia Beach School Board to the Literary Fund is a valid and legally binding indebtedness of the City of Virginia Beach, Virginia, pursuant to Section 22.1-161 of the Code of Virginia, 1950, as amended; WHEREAS, Section 22.1-158 of the Code of Virginia, 1950, as amended, requires that the City shall include in its tax levies and appropriate to the school board funds sufficient to meet the school board's debt service on any such loans; WHEREAS, officials of the Virginia Beach School Board have prepared an application addressed to the Virginia Board of Education for the purposes of borrowing from the Literary Fund $4,879,954 to assist with the costs of replacing College Park Elementary School, to be paid in twenty (20) annual installments with interest thereon at three (3) percent annually, which loan will be in lieu of an equivalent amount of general obligation bonds previously authorized for the project; and WHEREAS, City Council desires to support this request and believes it to be appropriate. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the application to the Virginia Board of Education for a loan of $4,879,954 from the Literary Fund to the Virginia Beach School Board is hereby approved. 2. That the City Council include in its levies and appropriate to the Virginia Beach School Board funds sufficient to meet the School Board's debt service on this loan. II " III I 47 48 49 50 51 52 3. That, if the Literary Fund approves the issuance of $4,879,954, the City Council shall replace $4,879,954 in Charter Bond financing allocated to College Park Elementary School Replacement Project, CIP # 1.026, with Literary Fund Loan in like amount. This resolution shall be in effect on July 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia on the23rdday of June, 2009. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: 9~~~ Finance Department v~~_____ City At ey's Office CA11169 R-2 June 17, 2009 STATE LITERARY FUND LOANS June 23, 2009 State Literary Funds: 1990 Salem Elementary 1990 Salem Junior High 1990 Salem Senior High 1991 Glenwood Elementary 1991 Strawbridge Elementary 1996 Ocean Lakes High 1996 Corporate Landing Elementary 2002 W. T. Cooke Elementary Great Neck Middle Subtotal State Literary Fund Loans Date Issued 09/15/1990 09/15/1990 09/15/1990 09/01/1991 09/01/1991 03/01/1996 03/01/1996 01/01/2002 n/a Add: College Park Elementary State Literary Fund Loan * n/a Total State Literary Fund Loans * Application in process , III Original Balance Issue Outstanding $ 2,000,000 $ 200,000 2,000,000 200,000 2,000,000 200,000 2,500,000 375,000 130,546 20,046 2,500,000 875,000 2,500,000 875,000 7,500,000 4,875,000 7,500,000 7,500,000 $28,630,546 $15,120,046 4,879,954 4,879,954 * $33,510,500 $20,000,000 Note: In addition, there are Virginia Public School Authority Loans of $10,120,693 outstanding at June 23, 2009. II SCHOOL BOARD Daniel D. Edwards Chairman District 1 . Centerville 1513 Beachview Drive VA Beach, VA 23464 495.3'i51 (h) . 717.0259 Ie) Rita Sweet Bellitto Vice Chairman At-Large P.O. Box 6448 VA Beach, VA 23456 418.0%0 (c) William J. "Bill" Brunke, IV District 7 - Princess Anne 4099 Foxwood Drive, Suite 201 Virginia Beach, VA 23462 222.0134 (1'1) . 286.2772 (e) Todd C. Davidson At-Large 2424 Savannah Trail VA Beach, VA 23456 427.3330 (1'1) . 285-9409 Ie) Emma L. "Em" Davis DistrictS. Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340.8911 (h) Patricia G. Edmonson District 6 . Beach 205 34th Street, #1515 IIA Beach, VA 23451 675-''137Ih) Dan 1<' Lowe District 4 Bayside 4617 Red Coat Road '/A Beach. 'IA 23455 ~90.:,681 (h) Brent N. Mcllenzie Distrir,t 3 Rose Hail '1400 Brookwood Place ,Iii Peach. VI\ 23453 316'716 (cl Patrick S. Salyer DriVL Sandra bn'~ith ,j{;iit'~'i , ':;;:r'iiyn i . '!\!{;;;n!~' ..t-I ]:9;:: (')al:(i!J i':i:\tS i::-,(1(;h ) ;.:F)~: {f1~-!;G7ii SUPERINTENDENT James G. Merrill, Ed.D 251' George Mason Dme ./ A Ileach. If A 23456 263 10m III I 'ViRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D - o F -- THE CUR V E RESOLUTION APPROVING APPLICATION FOR A LITERARY LOAN FOR GREAT NECK MIDDLE SCHOOL WHEREAS, the School Board of the City of Virginia Beach, Virginia and the City Council of the City of Virginia Beach, Virginia have determined that the School Board has an immediate need to implement certain school capital projects including the acquisition, renovation and construction and equipping of improvements to and new facilities for Great Neck Middle School for school purposes (collectively the "Project") and the School Board will make application to the Literary Fund of the Commonwealth of Virginia for a Literary Loan (the "Literary Loan") relating to the Project in the total aggregated amount of $7,500,000,00 or otherwise cooperate with the City to obtain long- term financing of the Project; and WHEREAS, the School Board has embarked upon the construction of a new Great Neck Middle School and the renovation or replacement of related facilities to replace the aging existing building and facilities located at 1848 North Great Neck Road, Virginia Beach, Virginia, 23454; and WHEREAS, the Project requires $62,549,253,00 in monies to pay for the needed construction Project that the City must borrow long term; and WHEREAS, the Commonwealth's Literary Loan Fund is a source needed to assist the City in funding the $62,549,253,00 construction Project. Now, therefore, be it RESOLVED: that the School Board hereby approves the submission of a $7,500,000,00 application for Literary Loan Funds as part of the necessary funding for the Great Neck Middle School construction Project and authorizes the Superintendent or his designee to take other actions as necessary to obtain the Literary Loan; and be it FURTHER RESOLVED: that a copy of this Resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this Resolution to the Mayor, each member of the City Council, the City Manager and the City Cleric Adopted by the School Board of the City of Virginia Beach, Virginia this 3rd day of March 2009 S I: A L Attest Diem ne F). Alexander, Clel"1< of the Board Sellool Administration Building' 2512 George Mason Drive 0 POBox 6038, Virginia Beach, VA 23456-0038 - I III 1 A RESOLUTION APPROVING AN APPLICATION OF THE 2 VIRGINIA BEACH SCHOOL BOARD TO THE LITERARY 3 FUND OF VIRIGNIA FOR A SCHOOL CONSTRUCTION 4 LOAN IN THE AMOUNT OF $7,500,000 5 6 WHEREAS, in the FY2001-02 Capital Improvement Program, City Council 7 established Project, C.l.P. 1.019, Great Neck Middle School Replacement; 8 9 WHEREAS, additional funding for this replacement was appropriated In the 10 FY2008-09 Capital Budget; 11 12 WHEREAS, Section 22.1-146 of the Code of Virginia, 1950, as amended, 13 authorizes the Virginia Board of Education to make loans from the Literary Fund to local 14 school boards for the purpose of erecting, altering, or enlarging school buildings; 15 16 WHEREAS, any indebtedness owed by the Virginia Beach School Board to the 17 Literary Fund is a valid and legally binding indebtedness of the City of Virginia Beach, 18 Virginia, pursuant to Section 22.1-161 of the Code of Virginia, 1950, as amended; 19 20 WHEREAS, Section 22.1-158 of the Code of Virginia, 1950, as amended, 21 requires that the City shall include in its tax levies and appropriate to the school board 22 funds sufficient to meet the school board's debt service on any such loans; 23 24 WHEREAS, officials of the Virginia Beach School Board have prepared an 25 application addressed to the Virginia Board of Education for the purposes of borrowing 26 from the Literary Fund $7,500,000 to assist with the costs of replacing Great Neck 27 Middle School, to be paid in twenty (20) annual installments with interest thereon at 28 three (3) percent paid annually, which loan will be in lieu of an equivalent amount of 29 fjeneral obligation bonds previously authorized for the project; and 30 31 WHEREAS, City Council desires to support this request and believes it to be 32 appropriate, 33 34 NO\N, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 35 \I'F~GINIA BE/-\CH, VIRGINIA: 36 ~ll cj.That the application to the Virginia Board of Education for a loan of 38 $7,500,000 from the Literary Fund to the Vir~Jinia Beach School Board is hereby 39 ;lpproved 40 41 2.rhat the City Council include in its levies and appropriate to trK~ Virginia 42 IJeach School Board funds sufficient to rneet the School 13oard's debt service on this 43 loan. 44 45 This resolution shall be in effect from the date of its adoption. 46 I III 47 Adopted by the Council of the City of Virginia Beach, Virginia on the ~ 1./ raay of 48 March, 2009. 49 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ c1Ify t y's Office CA11069 R-2 March 13, 2009 CERTIFIED TO 13E A TRUE COPY OF A RESOLUTION ADOPTED BYTHE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, or\! MARCI-I 24, 2009. ,j.'4.::;':7t4>'?'7Ai~~_)ji-"L~ ii.__....... ' Ruth Hodge';: Fraser, MMC City Clerk II III I Division Number 1128 Name of County or City IVIRGINIA BEACH CITY Name of School Colle e Park Elementa School Contact Name Contact Phone Number Contact E-mail Address Samm Cohen (757) 263-1033 scohen@vbschools.com TO THE VIRGINIA BOARD OF EDUCATION, The VIRGINIA BEACH CITY School Board hereby makes application for a loan of $4,879,954.00 from the Literary Fund of Virginia for the purpose of erecting, enlarging, or altering (making permanent improvement to) College Park Elementary School which is located at: Description of Project: Replace College Park Elementary School. This facility is being designed/constructed as a certified facility in accordance w/standards established by the US Green Building Council. I. Has VIRGINIA BEACH CITY advertised an Invitation for Bids for the said project described above? Select YES or NO here: NO 2. The said building, addition, or permanent improvement described above, will be used as a Elementa School building, and the total value of the construction on the above referenced project is estimated to cost: $ 22,392,750.00 3. The total amount of the loan will not exceed the cost of the building, addition, or permanent improvement thereto, and site, on account of which such loan is made. 4. The plans and specifications for the building or improvement, complying with the Virginia Statewide Building Code (936.99, Code of Virginia ), have been or will be approved by the division superintendent of schools and received by the Superintendent of Puhlic Instruction before construction is begun. It is understood that the Virginia Board of Education reserves the right to withhold any part or all of the amount of this loan, if the plans and specifications received by the Superintendent of Public Instruction are not followed. 5. VIRGINIA BEACH CITY has not defaulted or failed to meet its debt service obligations as and when due for the past five years except as follows (Enter N/ A below if VIRGINIA BEACH CITY has never defaulted): N/A II III I Division Number 1128 Name of County or City IVIRGINIA BEACH CITY Name of School Colle e Park Elementar School 6. Adequate and satisfactory supervision of construction will be provided by the school board in accordance with the Virginia Statewide Building Code (~36.99, Code of Virginia ). 7. This loan is to be made for ~years, and is to be paid with interest at the rate of ----1.... percent per annum, payable annually. 8. The Board of Supervisors for the County, or the Council for the City, has by resolution agreed to provide for the repayment of this loan. (Note: Please submit the authorizing resolutions from the school board and local governing body (with original seals and signatures) along with your Literary Fund application. No application will be approved until these resolutions are submitted.) 9. The School Board is not in default in the payment of any part of the principal of any previous loan from the Literary Fund and, for at least two years immediately before this loan, has not been in default in the payment of interest due on any loan from the Literary Fund. Given under my hand this day of: June 16,2009 Date THE VIRGINIA BEACH CITY SCHOOL BOARD By: , Chairman Original Signature Required ATTEST: , Clerk Original Signature Required THE VIRGINIA BEACH CITY SCHOOL BOARD SEAL (Note: Original SEAL is Required in the Area Provided Below on the Signed Application) Ii III I Literar Fund Loan Number: Division Number b28 Name of County or City IVIRGINIA BEACH CITY At a meeting of the City Council for VIRGINIA BEACH CITY held in the said County or City on June 23, 2009 WHEREAS, The VIRGINIA BEACH CITY School Board presented to this Board or Council on June 23, 2009 an application addressed to the Virginia Board of Education for the purpose of borrowing $4,879,954 from the Literary Fund for the purpose set out in said application for Colle e Park Elementa School to be paid in 20 annual installments, and the interest thereon at 3 percent paid annually. RESOLVED, That the application of the VIRGINIA BEACH CITY School Board to the Virginia Board of Education for a loan of $4,879,954.00 from the Literary Fund is hereby approved, and authority is hereby granted to the VIRGINIA BEACH CITY School Board to borrow $4,879,954.00 for the purpose set out in said application. The Board of Supervisors for said County or Council of said City will each year during the life of this loan, at the time they fix the regular levies, fix a rate of levy for schools or make a cash appropriation sufficient for operation expenses and to pay this loan in annual installments and the interest thereon, as required by law regulating loans from the Literary Fund. I hereby certify that the foregoing is a true copy as taken from the minutes of the VIRGINIA BEACH CITY Council. ,Clerk CITY COUNCIL FOR VIRGINIA BEACH CITY VIRGINIA BEACH CITY LOCAL GOVERNING BODY SEAL (Note: Original SEAL is Required in the Area Provided Below on the Signed Application) II II I I Literar Fund Loan Number: Division Number b28 Name of County or City IVIRGlNIA BEACH CITY Name of School UCTIONS: 1. E-mail this application to: K12Budaet@doe.virainia.aov 2. Mail the hardcopy with original signature to: Kent C. Dickey, Assistant Superintendent for Finance Virginia Department of Education P.O. Box 2120 Richmond, VA 23218-2120 This application has been reviewed by: Date Reviewed By This application is approved by DOE staff for Board of Education approval: Date Budget Director / Associate Budget Director "I "I - 54 - Item V-K.9. ORDINANCES/RESOLUTIONS ITEM # 58964 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution EXTENDING the term of the Green Ribbon Implementation Committee to December 31,2010. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms. Jr., John E. Uhrin. Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23.2009 II , III I 1 A RESOLUTION TO EXTEND THE TERM OF THE 2 GREEN RIBBON IMPLEMENTATION COMMITTEE 3 4 WHEREAS, City Council appointed the Green Ribbon Committee in June 2006 to 5 make recommendations regarding water quality improvements for the City of Virginia 6 Beach; and 7 8 WHEREAS, the Green Ribbon Committee spent many volunteer hours developing 9 the "City of Virginia Beach Green Ribbon Committee Report, November 2007" (the Report) 10 which includes extensive recommendations to improve water quality in Virginia Beach and 11 was adopted by City Council in December 2007; and 12 13 WHEREAS, the recommendations in the Report require ongoing work to format 14 regulatory and policy actions for submission to City Council in detailed recommendations; 15 16 WHEREAS, the Green Ribbon Implementation Committee was created to monitor 17 the progress of the Report's recommendations and was to expire in December 2008; and 18 19 WHEREAS, the Green Ribbon Implementation Committee has been actively 20 engaged with the implementation of the Report and there is further work required of the 21 Committee to fully implement the recommendations of the Report. 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council appoints the following as members of the Green Ribbon 27 Implementation Committee until December 31, 2010: 28 29 · Citizen Members: Peter Schmidt, Karen Forget, Andrew S. Fine, R. Edward 30 Bourdon, Jr., William D. Almond, June Barret-McDaniels, Wayne McCoy, Noah 31 Hill, John Olivieri, Claudia Cotton, Craig Cope, and Charles James Miller, II. 32 33 · City Staff Members: Ross Brockwell, Carolyn Smith, Joann Moore, Pam 34 Matthias, Nancy Mcintyre, Robert S. Herbert, Karen Lasley, Charlie Hassen, Bill 35 Johnston, Clay Bernick, Meredith Ching, Richard Lowman, Wells Freed, Barbara 36 Duke, Kristina Salzman, B. Kay Wilson, Lori J. Herrick, and Barry Frankenfield. 37 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd dayof June , 2009. 1 APPROVED AS TO CONTENT: ~( !. lLC +- Deputy City Manager CA11055 R-5 May 26, 2009 I II I APPROVED AS TO LEGAL SUFFICIENCY: !Jj dI/#II/JIvv! City Attorney's Office 2 II III I - 55 - Item V-K.I0. ORDINANCES/RESOLUTIONS ITEM # 58965 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution SUPPORTING the Virginia Beach Community Development Corporation's (VBCDC) application for their Block Grant Neighborhood Stabilization Program funds in the amount of$1,500, 000 re VBCDC Homeownership Program Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23, 2009 ,I III 1 A RESOLUTION SUPPORTING THE VIRGINIA BEACH 2 COMMUNITY DEVELOPMENT CORPORATION'S 3 APPLICATION FOR VIRGINIA COMMUNITY 4 DEVELOPMENT BLOCK GRANT NEIGHBORHOOD 5 STABILIZATION PROGRAM FUNDS 6 7 WHEREAS, the mission of the Virginia Beach Community Development 8 Corporation ("VBCDC") is to cooperate with federal, state, and local agencies, private 9 organizations, and community groups in developing programs designed to meet the 1 0 housing needs of low-moderate income residents in the City of Virginia Beach; and 11 12 WHEREAS, VBCDC has provided housing programs and housing counseling 13 services to low-moderate income households of the City of Virginia Beach since 1987; 14 and 15 16 WHEREAS, VBCDC wishes to apply for Virginia Community Development Block 17 Grant Neighborhood Stabilization funds, and has sufficient experience and resources to 18 carry out the Neighborhood Stabilization Program activities; and 19 20 WHEREAS, the City of Virginia Beach has decided not to apply for funds under 21 the Virginia Community Development Block Grant Neighborhood Stabilization Program; 22 and 23 WHEREAS, VBCDC wishes to apply for $1,500,000 in NSP funds and to utilize 24 $150,000 of its own funds for the project; and 25 26 WHEREAS, it is projected that six (6) single family real-estate owned (REO's) 27 properties will be acquired and rehabilitated, and the six (6) units will be for sale to low- 28 to-moderate income homebuyers who earn up to 120% of the area median income. 29 30 NOW THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 31 VIRGINIA BEACH, VIRGINIA: 32 33 That the City Council of Virginia Beach supports the Virginia Beach Community 34 Development Corporation in its application for Virginia Community Development Block 35 Grant Neighborhood Stabilization Program funds in the amount of $1,500,000 for the 36 VBCDC Homeownership Program. 37 38 Adopted by the City Council of the City of Virginia Beach, Virginia, this 23rd 39 day of June ,2009. APPROVED AS TO CONTENT: n of Housing & rhood Preservation APPROVED AS TO LEGAL SUFFICIENCY: ;e~h City Attorney's Office CA11043 R-1 May 29,2009 CERTIFIED TO BE A TRUE COPY OF A RESOLUTION ADOPTED BY THE CIL OF THE CITY OF VIRGINIA BEACH ON 23 JUNE 2009. II III I - 56 - Item V-K.l1. a-f. ORDINANCES/RESOLUTIONS ITEM # 58966 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT, APPROPRIATE and TRANSFER: a. $750,000from the Capital Improvement Program (Fire Training Center Improvements, Phase III) to the Fire Department's FY 2009-1 0 Operating Budget to fund programs, services, training and equipment b. $188,950 interest free loan to the Ocean Park Volunteer Fire and Rescue, Inc. re the purchase of a replacement ambulance c. $83,200 to be returnedfrom Information Technology to the CIT-Police TelestaffT&M Module and repurpose $539.760 to the Police DEA Seized Assets for a matching federal grant d. $28,290 Cost Recovery Revenue to the Fire Department's FY 2008-09 Operating Budget and $1, 781to the Fire Department's Gift Fund re designated expenditures e. $10,000 from the Second Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception and donated to the Virginia Beach Health Department's Healthy Families Program f $6,512 from the Us. Department of Homeland Security, Federal Emergency Management Agency (FEMA) to the FY 2008-09 Fire Department Operating Budget re deployment of the Virginia Task Force-2 (VA-TF2) Urban Search and Rescue Team Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 II I III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 AN ORDINANCE TO TRANSFER FUNDS FROM CAPITAL IMPROVEMENT PROJECT 3-133 FIRE TRAINING CENTER IMPROVEMENTS - PHASE III TO FY 2009-10 OPERATING BUDGET OF THE FIRE DEPARTMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. Funds are hereby transferred from Capital Improvement Project 3-133, Fire Training Center Improvements - Phase III in the amount of $750,000 to the FY 2009-10 Operating Budget of the Fire Department, Fire Programs/Aid to Localities Grant. 2. The effective date of this Ordinance shall be July 1, 2009. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of June , 2009. Approved as to Content: Approved as to Legal Sufficiency: J)OI\JG. _ \l At, AlL Management Servic~ / ~~_/ City At or's Office CA 11163 R-2 June 9, 2009 'I 1'1 Manaeement and Administration ~ 50,OOO.o~ This area represents additional expenses associated with the management and administration of various grants within the department, overtime and costs related to the department's hazardous materials, marine response, metro medical response strike team, and technical rescue programs. Funding in this area also provides for costs associated with State, regional, and local meetings, seminars and conferences for homeland security, urban area security initiatives, and emergency preparedness and management. The following are some of the highlights: a Match for Aid to Firefighters Grant (AFG) for 2009 a Rescue Squad Assistance Fund (RSAF) for 2008 a State, Regional & Local Meetings/Seminars/Conferences o USCG, UASI, MMRS, VDEM, TRTRT, MIRT, TRF A, HRPDC, MMRS Trainine ~ 100,OOO.O~ This area represents expenses associated with providing training and continuing education in order to maintain operational readiness and service delivery enhancement throughout the department's program areas. The following are some of the highlights: a Marine firefighting a Search & Rescue Forum a Operational Readiness Exercises (ORE) a HAZ-MAT a EMT Recertification 24/7 program a Incident Command System (ICS) Equipment/Supplies ~ 600,OOO.O~ This area represents expenses associated with supporting equipment and supplies requirements for the department's program areas. It also is necessary to replace supplies such as hose and turnout gear (PPE) that has not lasted as projected. The following are some of the highlights: Capital Outlay Equipment a Thermal Imaging Cameras (TIC's): Cost - $132,000 2 III o DECCAN - Software package to analyze and recommend station location, staffing requirements, apparatus assignments, and future service delivery needs. Anticipated cost: $300,000 Supplies o Hose replacement o PPE, Turnout gear o Marine rescue o Haz-Mat I Total expenditures $ 750,000.00 I 3 II I III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE AN INTEREST-FREE LOAN TO OCEAN PARK VOLUNTEER FIRE AND RESCUE INC. FOR THE PURCHASE OF A REPLACEMENT AMBULANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $188,950 is hereby appropriated from the fund balance of the General Fund for an interest-free loan to Ocean Park Volunteer Fire and Rescue Inc. for the purchase of a replacement ambulance, contingent upon execution of the attached ag reement. 2. That this loan is to be repaid by Ocean Park Volunteer Rescue Squad over three (3) years, pursuant to the terms of the attached promissory note. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of June , 2009. Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: b~QS~~ Management Services //- /; . // ~i~~ - -City 1\ orney s Office CA 11171 R-1 June 10, 2009 " I PROMISSORY NOTE $188,950 Virginia Beach, Virginia June 23, 2009 FOR VALUE RECEIVED, OCEAN PARK VOLUNTEER FIRE AND RESCUE INC., ("Maker"), promises to pay, without offset, to the order of the City of Virginia Beach, ("Noteholder") at Municipal Center, Virginia Beach, V A, or such other place as Noteho1der may designate in writing, the principal sum of ONE HUNDRED EIGHTY -EIGHT THOUSAND NINE HUNDRED AND FIFTY DOLLARS ($188,950) together with interest thereon. From the date of this Note, interest on the unpaid principal balance shall accrue at the rate of ZERO Percent (0%) per annum. Payment on principal shall be as follows: On or before June 1, 2010 - $62,983 On or before June 1, 2011 - $62,983 On or before June 1,2012 - $62,984 This note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. If the Noteholder has not received the full amount of the annual payment by the end of 15 calendar days after the date it is due, Maker will pay a late charge to the Noteholder. The amount of the charge will be 15% of any overdue payment of principal. Maker will pay this late charge promptly but only once on each late payment. If Maker does not pay the full amount of each annual payment on the date it is due, Maker will be in default, and the entire principal amount hereof, together with all accrued interest and late charges, shall become immediately due and payable at the option of the Noteholder. Failure to exercise this option upon any default shall not constitute or be construed as a waiver of the right to exercise such option subsequently. Presentment, demand, protest, notices of dishonor and of protest, and all defenses and pleas on the ground of any extension or extensions of the time for payment or of the due dates of this note, the release of any parties who are or may become liable heron, in whole or in part, before or after maturity, with or without notice, are waived by the Maker and are jointly and severally waived by any endorsers, sureties, guarantors and assumers hereof. It is further agreed by each of the foregoing parties that they will pay all expenses incurred in collection this obligation, including reasonable attorney's fees, if this obligation or any part hereof is not paid when due. WITNESS the following signature(s). OCEAN PARK VOLUNTEER FIRE AND RESCUE INC. (SEAL) By: Brian Ledwell, President II III I Agreement Between the City of Virginia Beach and Ocean Park Volunteer Fire and Rescue Inc. THIS AGREEMENT is made and entered into this __ day of 2009, by and between the CITY OF VIRGINIA BEACH, VIRGINIA ("CITY") and Ocean Park Volunteer Fire and Rescue Inc ("RESCUE SQUAD"), in accordance with the provisions of Code of Virginia SS 27-15.2 and 27-23.6. WHEREAS, the RESCUE SQUAD maintains equipment and personnel for emergency medical services within the City of Virginia Beach; and WHEREAS, the RESCUE SQUAD desires to provide the CITY with qualified and certified volunteer personnel and equipment to provide emergency medical services, and WHEREAS, the CITY hereto desires to support the volunteer emergency medical services in Virginia Beach provided by the RESCUE SQUAD; and WHEREAS, it is mutually deemed sound, desirable, practicable, and beneficial for the parties to enter into this agreement to render support and services to one another in accordance with these terms. WITNESSETH For and in consideration of the mutual promises and covenants set forth herein, and for other valuable consideration related to the acquisition of a vehicle, the parties enter into the following agreement as defined below: RESPONSIBILITIES OF THE CITY A. Provide a no interest loan for the purchase of the vehicle. B. Provide standardized equipment required for operations within the City including but not limited to mobile communications devices, pagers, and map books. C. Provide or pay for insurance covering emergency service and support vehicles owned by the RESCUE SQUAD. D. Provide fuel for the vehicle. E. Provide all vehicle maintenance and inspection services, including payment of the annual maintenance fee, in support of the vehicle through the CITY's Division of Automotive Services, so long as the vehicle remains a CITY -insured vehicle. The III Division of Automotive Services shall maintain maintenance records and allow the RESCUE SQUAD's officers access to those records. RESPONSIBILITIES OF THE RESCUE SQUAD A. The RESCUE SQUAD shall repay the loan for the vehicle according to the Promissory Note. The RESCUE SQUAD shall have the ability to request reasonable relief on the due date/amount should extenuating circumstances occur. This request for extension shall be made to the EMS Chief no less than 30 days prior to the payment due date. B. If the vehicle is sold, after satisfying all conditions of the loan, including repayment, the CITY -owned equipment shall be removed and returned to the CITY prior to the sale of the vehicle, unless prior arrangements have been made to reimburse the CITY for the fair market value of the CITY -owned equipment. C. If, notwithstanding the provisions of subsection E in the prior section, the RESCUE SQUAD elects not to use the services of the CITY's Division of Automotive Services for any and all maintenance and inspection services, it shall be the responsibility of the RESCUE SQUAD to maintain the vehicle in accordance with the manufacturer's recommended maintenance schedule and procedures. The RESCUE SQUAD shall pay for all necessary maintenance and repairs and shall only use repair shops that are acceptable to the EMS Chief. DEF AUL T AND MODIFICATION A. In the event that the RESCUE SQUAD defaults on the loan, the CITY may in its sole discretion agree to a modification of this agreement, in accordance with the modification procedure set forth in the next subsection. If the parties do not agree in writing to a modification of this agreement, then, upon default of the loan, ownership of the vehicle shall revert to the CITY. The CITY shall provide a rebate to the RESCUE SQUAD based on the net di1ference between the fair market value of the vehicle and the unpaid portion of the loan. If the CITY and the RESCUE SQUAD are unable to agree upon the fair market value of the vehicle, the parties shall select a third party who is acceptable to both the CITY and the RESCUE SQUAD to determine the vehicle's fair market value. B. This agreement may be reviewed at any time upon the direction of the City Manager. Each party must agree in writing to any subsequent modifications. 2 II I III I IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year first above written. CITY OF VIRGINIA BEACH, VIRGINIA James K. Spore, City Manager A TrEST: City Clerk OCEAN PARK VOLUNTEER FIRE AND RESCUE INe. By: Title: APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Virginia Beach Management Services City Attorney's Office Virginia Beach Risk Management Virginia Beach EMS Chief 3 II I I II I I Ocean Park Volunteer Fire and Rescue Inc. PO Box 5545 Virginia Beach, Virginia 23455 Office (757) 464-0594 Fax (757) 464-5031 www.opvrs.com May 3, 2009 Re: Interest free loan Chief; Virginia Beach Department of Emergency Medical Service 477 Viking Drive, Suite 130 Virginia Beach, Virginia 23452 To whom it may concern: I am respectfully requesting a no interest loan in the amount of $ 188,950,00 from the City of Virginia Beach for the purchase of a new ambulance at a term of at least 36 months, With your permission, our intent is to replace our oldest ambulance (122) this month due to its age, Once the new ambulance is in service, the old one will be sold. The specifications for the new ambulance have been established through an extensive research process and we have named Horton Emergency Vehicles as our intended manufacturer via FESCO Emergency Sales of Elkridge, MD. The Ambulance will be built on a 2008 International Truck Cassis and will incorporate numerous features to enhance the safety of our technicians during patient care, The bid proposal for construction of the ambulance is $ 188,950,00 No other sources funds such as grants are available at this time. Ocean Park Volunteer Fire and Rescue has no current loans with the City of Virginia Beach. Please direct any questions or concerns to myself. Most sincerely, Brian Ledwell President Enclosures (0) cc: File BUbl II 1,1 III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 AN ORDINANCE TO ELIMINATE CAPITAL IMPROVEMENT PROJECT (CIP) 3-094 CIT - POLICE TELESTAFF T&M MODULE, TRANSFER FUNDS FROM CIP 3-094 TO CIP 3-052, AND UNAPPROPRIATE AND RETURN FUNDS FROM CIP 3-094 TO THE DEA SEIZED ASSET FUND BALANCE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA THAT: 1. Capital Improvement Project (C.I.P.) 3-094 CIT - Police Telestaff T&M Module is hereby eliminated. 2. Those funds in C.I.P 3-094 shall be distributed as follows: (a) The $83,200 appropriated in the FY 2008-09 Capital Budget to C.I.P. 3-094 CIT - Police Telestaff T&M Module shall be transferred to C.I.P. 3-052 CIT - IT Service Continuity. (b) The $539,760 appropriated in the FY 2009-10 Capital Budget to C.I.P. 3-094 CIT - Police Telestaff T&M Module shall be unappropriated and returned to the DEA Seized Asset Fund Balance pending future appropriation. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of June 2009. Requires an affirmative vote by a majority of all of the members of City Council Approved as to Content: Approved as to Legal Sufficiency: j)~Q,~~ Management Services ~r?{~ _ citY Attorne 's Office CA11162 R-4 June 11, 2009 II 'I III I 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 COST RECOVERY REVENUE AND DONATIONS TO 3 THE FY 2008-09 OPERATING BUDGET OF THE 4 FIRE DEPARTMENT 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1) $28,290 in cost recovery revenue is hereby appropriated to the FY 2008-09 10 Operating Budget of the Fire Department for reimbursement of various 11 costs, with miscellaneous revenue increased accordingly. 12 13 2) $1,781 in monetary donation revenue is hereby appropriated to the FY 14 2008-09 Operating Budget of the Fire Department to support several fire 15 programs, with gift fund revenue increased accordingly. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day 18 of June, 2009. 19 20 Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: Approved as to Legal Sufficiency: )j C11~ D \~ Management Services Z~~~ CA11172 R-2 June 10, 2009 II I III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS RESULTING FROM THE SECOND ANNUAL VIRGINIA BEACH BUSINESS APPRECIATION CHARITY GOLF CLASSIC AND NETWORKING RECEPTION, WHICH THE CITY WILL DONATE TO THE HEALTHY FAMILIES PROGRAM WHEREAS, on May 1, 2009, the Virginia Beach Development Authority and the Department of Economic Development hosted the second annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach National Golf Club, which generated $10,000 that can be donated to a local charitable program. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. A contribution of $10,000 is accepted and appropriated to the General Fund from the second annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception. 2. Estimated Revenue is increased accordingly. 3. The contributed funds will be donated to the Virginia Beach Health Department Healthy Families Program. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of June , 2009. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jj~Q. ~ Management Services . ~~ City A orn y's ffice CA11156 R-2 June 5, 2009 I: I III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS FROM FEMA RELATED TO DEPLOYMENT OF THE VIRGINIA TASK FORCE-2 (VA-TF2) URBAN SEARCH AND RESCUE TEAM BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. Funds are hereby accepted from the U.S. Department of Homeland Security, Federal Emergency Management Agency for costs related to the deployment of an individual from the Virginia Task Force - 2 (VA-TF2) Urban Search and Rescue Team's Blue Incident Support Team for the North Dakota Floods, in the amount of $6,512, with estimated revenues increased accordingly. 2. $6,512 is hereby appropriated to the FY 2008-09 Fire Department Operating Budget for costs related to the deployment of VA-TF2 for the North Dakota Floods. Adopted by the Council of the City of Virginia Beach, Virginia on the 23rd day of June, 2009. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content Approved as to Legal Sufficiency ~~D_~~ Management Services /j--~ 1/ '9----. City A rn y's Office CA11157 R-2 June 9, 2009 - 57 - Item V-L. PLANNING ITEM # 58967 1. KA THY MAALOUF 2. JA CK FEREBEE, ET AL 3.5073 VIRGINIA BEACH BOULEVARD, L.L.c. 4. MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER 5. BLESSED HOPE CHRISTIAN CENTER 6. SOUTH UNIVERSITY BY EDUCATION MANAGEMENT CORPORATION 7. JIM WOOTTON 8. INDOOR KARTING CENTERS OF AMERICA, LLC / JLB PROPERTY ASSOCIATES, LLC 9. THEHOPELUTHEANCHURCH 10. AMEND CITY CODE III NONCONFORMING STRUCTURE STREET CLOSURE STREET CLOSURE CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF CONDITIONS (Approved May 15,1978, January 22, 1991, March 22,1994, February 11, 2003, January 8, 2008) Subdivision Regulations, Appendix B, ~ 6.3 pertaining to final plats and data Site Plan Ordinance, Appendix C, ~ 4.1 pertaining to the information required on site development plans ~4.1 of Appendix B, Subdivision Regulations pertaining to the deletion of the minimum right-of-way width and minimum paved width for minor subdivision streets June 23,2009 III - 58 - Item V-L. PLANNING ITEM # 58968 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED in ONE MOTION Items I, 2,3, 4, 5, 6, 7, 8, 9, and 10 of the PLANNING BY CONSENT AGENDA. Item L.2 (JACK FEREBEE, ET AL) shall be APPROVED AND EXTENDED date for Compliance, SIX (6) MONTHS, BY CONSENT. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Councilman Wood DISCLOSED and ABSTAINED pursuant to Section 2.2-311 5 (E), Code of Virginia re Item L.8. (KARTING CENTERS OF AMERICA, LLC) Councilman Wood ABSTAINED from voting on this transaction as the applicant has employed JD & W, Inc. to perform the improvements necessary to renovate the building for the proposed new use. Councilman Wood has an ownership interest in JD & W, Inc. and has a personal interest in the corporation. Councilman Wood's correspondence of June 23, 2009, is hereby made a part of the record. June 23,2009 " III - 59 - Item V-L.l. PLANNING ITEM # 58969 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED application of KATHY MAALOUF for an Expansion of a Nonconforming Structure at 1365 Goose Landing to enclose a front patio to be used as a home office. RESOLUTION UPON APPLICATION OF KATHY MAALOUF A UTHORIZING THE ENLARGEMENT OF A NONCONFORMING STRUCTURE ON PROPERTY LOCATED AT 1365 GOOSE LANDING Resolution upon application of KATHY MAALOUF Authorizing the Enlargement of a Nonconforming Structure on Property Located at 1365 Goose Landing. GPIN:24176222300000 DISTRICT 6 - BEACH The following conditions shall be required: 1. The modifications to the dwelling shall substantially adhere to the submitted marked-up survey entitled "Physical Survey of 1365 Goose Landing, Virginia Beach, Virginia, Lot A, Block 24, " by Stephen I. Boone & Associates, P. C. and dated November 21, 2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The modifications to the dwelling shall substantially adhere to the submitted building elevations. Said building elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department 3. The color and style of all new siding shall be consistent with the color and style of the existing dwelling. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 II I , III I 1 A RESOLUTION AUTHORIZING THE 2 ENLARGEMENT OF A NONCONFORMING 3 STRUCTURE ON PROPERTY LOCATED AT 4 1365 GOOSE LANDING 5 6 WHEREAS, Kathy Maalouf (hereinafter the "Applicant") has made application to 7 the City Council for authorization to enlarge a nonconforming structure by making 8 additions to a dwelling that is nonconforming as to the side yard setback which is 9 adjacent to a street on a lot or parcel of land having the address of 1365 Goose 10 Landing, in the A-12 Apartment Zoning District; 11 12 WHEREAS, the said structure is nonconforming, as the dwelling does not meet 13 the side yard setback requirements for a structure located adjacent to a street for the A- 14 12 Apartment Zoning District and was constructed prior to the adoption of the applicable 15 regulations; and 16 17 WHEREAS, pursuant to Section 105 of the City Zoning Ordinance, the 18 enlargement of a nonconforming structure is unlawful in the absence of a resolution of 19 the City Council authorizing such action upon a finding that the proposed structure, as 20 enlarged, will be equally appropriate or more appropriate to the zoning district than is 21 the existing structure; 22 23 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 26 That the City Council hereby finds that the proposed structure, as enlarged, will 27 be equally appropriate to the district as is the existing structure under the conditions of 28 approval set forth hereinbelow. 29 30 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 31 BEACH, VIRGINIA: 32 33 That the enlargement of the nonconforming structure is hereby authorized, upon 34 the following conditions: 35 36 1. The modifications to the dwelling shall substantially adhere to the 37 submitted marked-up sUNey entitled, "Physical SUNey of 1365 Goose 38 Landing, Virginia Beach, Virginia; Lot A, Block 24," by Stephen I. Boone & 39 Associates, P.C. and dated November 21, 2002. Said plan has been 40 exhibited to the City of Virginia Beach City Council and is on file in the 41 Planning Department. 42 43 2. The modifications to the dwelling shall substantially adhere to the 44 submitted building elevations. Said building elevations have been 45 exhibited to the City of Virginia Beach City Council and are on file in the 46 Planning Department. II , III I 47 48 49 50 51 52 of 3. The color and style of all new siding shall be consistent with the color and style of the existing dwelling. Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day June ,2009. APPROVED AS TO LEGAL SUFFICIENCY: CA11173 -1 June 11, 2009 II REQUEST: Enlaraement of a Nonconformina Structure ADDRESS I DESCRIPTION: 1365 Goose Landing GPIN: 24176222300000 ELECTION DISTRICT: BEACH III I June 23, 2009 City Council Meeting APPLICANT I PROPERTY OWNER: KATHY MAALOUF STAFF PLANNER: Leslie Bonilla SITE SIZE: 3,750 square feet AICUZ: Greater than 75 dB DNL APZ- 2 SUMMARY OF REQUEST There is an existing two-story attached dwelling and shed on the site, both constructed in 1984. The applicant requests a modification to the existing nonconforming dwelling. The existing house is nonconforming because it does not meet the current minimum setback requirement of 30 feet in the A-12 Apartment District for a side yard adjacent to a street. The existing dwelling is situated 12 feet from the side property line along Huntsman Drive, which at the time the dwelling was constructed in 1984, was in compliance with the minimum setback of 10 feet that the Zoning Ordinance then required. The applicant desires to modify the structure by enclosing the front patio area, which is situated beneath a portion of the second floor. The patio area to be enclosed is located within the northwest corner of the existing building. This change will provide a 120 square foot enclosed space that the applicant intends to use as a home office. Other dwellings on this same block have enclosures similar to the enclosure proposed by the applicant. The proposed modification will not result in any additional encroachment into the setback. KATHY MAALOUF June 23, 2009 City Council Meeting Page 1 II I III I The building plans depict a proposed patio enclosure consisting of a-inch cedar lap siding, which will match the exterior materials on the existing building. LAND USE AND ZONING INFORMATION EXISTING LAND USE: Attached dwelling SURROUNDING LAND USE AND ZONING: North: South: East: West: . Attached dwellings / A-12 Apartment District . Vacant and wooded land / A-12 Apartment District . Attached dwellings / A-12 Apartment District . Attached dwellings / A-12 Apartment District NATURAL RESOURCE AND CULTURAL FEATURES: There are no known significant natural resources or cultural features associated with this site. Staff recommends approval of this request. EVALUATION AND RECOMMENDATION Staff has no objection to the proposed enclosure. The proposed modification to the structure is reasonable, will have a minimal impact to the surrounding community, and is as appropriate to the district as the existing non-conforming use. The proposal should not, therefore, have a negative impact on the surrounding community character. The design of the proposed modification blends with the existing structure and the residential use will remain the same. The request, therefore, is acceptable as submitted, subject to the conditions below. CONDITIONS 1. The modifications to the dwelling shall substantially adhere to the submitted marked-up survey entitled, "Physical Survey of 1365 Goose Landing, Virginia Beach, Virginia; Lot A, Block 24," by Stephen I. Boone & Associates, P.C. and dated November 21,2002. Said plan has been exhibited to the City of Virginia Beach City Council and is on file in the Planning Department. 2. The modifications to the dwelling shall substantially adhere to the submitted building elevations. Said building elevations have been exhibited to the City of Virginia Beach City Council and are on file in the Planning Department. KATHY MAALOUF June 23, 2009 City Council Meeting Page 2 II III I 3. The color and style of all new siding shall be consistent with the color and style of the existing dwelling. NOTE: Further conditions may be required during the administration of applicable City Ordinances. Plans submitted with this rezoning application may require revision during detailed site plan review to meet all applicable City Codes and Standards. KATHY MAALOUF June 23, 2009 City Council Meeting Page 3 II I III I AERIAL OF SITE LOCATION KATHY MAALOUF June 23, 2009 City Council Meeting Page 4 II Wo.o' WOOD' F&:NCE' ( Or-Htrf/1:~) f' _""'''''N'',"''' .A~CME^,T. ,.-- l7,"" ~ III ~ ~ ' ~)~ '2.-STY. ~ FR, flS'$. II 1$ I:!I U. " '" \1' () rf\ C) . (.) \J) CJ [1, " :I 6>.0' WOOD Ift"e:ru:... (D r~t!1t") ~ 0...' ~ . 0" .. ~ ~ 111 Ii\ ~ -.J .~ ~ ta l) ." l.ft O.<If' . . !II'" - .' '. (j j.:" . . ,;, ':~.'g~'" .' ~. t. ')> . -It . Cl III "" ' 'N. t.:'~ ~ '. .")(,,tl. '. : ld:\1 ' , : .. ' . . ( . . . . . ~ . . I '.. ,... III ill o ~ lfl F''''C ...) . . . .' ~ -583IZ4'zre: 37. 10 . cS005E LANDIN6 (50) (FORMe:RL Y E/6'HTj./ STREET) "- l(' f\~ ~ ~ ~~ ~ ltJ ~ > :> -.. <r ~ lJ ~ ~ <: ~ ":( ~ ~ ~ ~ ~" :t ~ ~ N ~e{C ~td,~>~d i-c. V:>~ tv\c(\J.';,t~d cnu L.L.. ~QLE.O'} ~ .~ PROPOSED SITE PLAN KATHY MAALOUF June 23,2009 City Council Meeting Page 5 ----.... -" "7 // / //' /../ (lcJ' // // f-..J ,,--/ .// / .. .' J ./ ///. \ \ /' \ n t , f.J\ t: ) ~ , // .,/ ,-- \ ------ :! ---- \ \ , T' J'f' .-- y4 \ -'-'-" II "" It.\ S'n..J J p)c1; hOJ\ ':J C\bSt(.~ O~ ~, PROPOSED FRON" BUILDING ELE"I\.,.IOt' KA -n-\'f MMLOl JlIne 23,2009 Cit'j COllnei\ Meeti pagl II I III I --~ --'------- ,- ---~ ~~ -------= --/ ----- ----... - --- .---' ---- ----;::--- - --, ---- , -'~ --- -----;:/. - -- ------=:::::----... ---------...-/ -----.. -------- --.-----::-.---- --------..~ -- ::---- - . ....- f- 9/----1 8 C~~r L<>-.p I S? I ..-.. -- -- I .. I --.--"'. ,-'. - '- ..-.-- - : ! ,~ - ____ - l_____ __ ___' , ~ lJ..." Cl05~ OfT A,e, PROPOSED SIDE BUILDING ELEVATION KATHY MAALOUF June 23,2009 City Council Meeting Page 7 II 'I II I I /' " .....,' ;.' PHOTOGRAPH OF EXISTING BUILDING KATHY MAALOUF June 23, 2009 City Council Meeting Page 8 II 'I III I PHOTOGRAPH OF EXISTING BUILDING KATHY MAALOUF June 23, 2009 City Council Meeting Page 9 II I III I PHOTOGRAPH OF EXISTING BUILDING KATHY MAALOUF June 23, 2009 City Council Meeting Page 10 I [ 'I III I Mop~:ft!s~ol" [(ath" Maalou( ~~~,\..~"v'8,".l-'l~<t1.ri{a ,mr1 [~ ~ j'n~ l'co.~ 1'>1 ..lId !J!1.. - \ I ~O :3 ~~"'::.I \~ :=:1, ;Hfa;l~1 l... r\q-g l:IIUIU I ( ~ ~ ~J' ~'I~'~)~ 1~rf ~ * 1tt L2j l~~~ 0: iiII- ..... - .:. ~ ..r r p f-'l'! or ~ \ " .. · n ~ . · .1 Ie'" :\ I' _ \ ...~, ~ \~u~ Is;! '"k i n 11.. ~ nt"s 'il~" ~ ~ u~~~ ~~ ('j 1 ~ I -- '~ '/,JU i l..."u'l lip;. 1111: h ':li" 'A .1.111 l.)n 1 ... \\ " ~~jf J ~~........ " I/{~I~ _'EI~ <-~I. 051 ~ \ ~. ~.;:g:]d 75 dB IJirrj;;_ '; M' ~ ~ 11 '" \. ~7 M I Z-- --.......-..RAILB1RD DR. ~ ~J G~ ~IIIII - ) ~ --- ... uJJ APZ- ~ 1 ~ 059 ... ~ - 'IU, _ > 75 d(3\ 'n C/7Y OF VI NIA \,~ BEACH SEA CK B-2 PA~ 5BA 058 A -2 \\ 0 -12 R-1Q >75dBLd \\55 # DATE ACTION 1 7 -6-81 Granted 2 12-11-07 Granted 12-11-07 Granted 3 3/22/88 Granted ZONING HISTORY KATHY MAALOUF June 23, 2009 City Council Meeting Page 11 z o I I ~ ~I ~ I I ~ ~ ~ ~ CI') ;:::J t..:::) z ~ o ~ z o u . Z o --------- Z II 'I III I DISCLOSURE STATEMENT APPLICANT DISCLOSURE If the applicant is a corporation, partnership firm, business. or other unincorporated organization, complete the following 1. List the applicant name followed by the names of all officers, members, trustees. partners etc. below: (Attach list if necessary) -~ I I I Kathy Maalouf 2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant (Attach list if necessary) ! Check here if the applicant is NOT a corporation, partnership firm. business, or other unincorporated organization PROPERTY OWNER DISCLOSURE Complete this section only if property owner is different from applicant If the property owner is a corporation, partnership, firm, business. or other unincorporated organization, complete the following: 1 List the property owner name followed by the names of all officers, members, trustees. partners. etc. below (Attach list if necessary) 2. List all businesses that have a parent-subsidiary 1 or affiliated business entitl relationship with the applicant: (Attach list if necessary) 13 Check here if the property owner is NOT a corporation partnership, firm, business, or other unincorporated organization 1 2 & See next page for footnotes Does an official or employee of the City of Virginia Beach have an interest In the subject land? Yes _ No J If yes what IS the name of the official or employee and the nature of their Interest? Non-ConforrTllng Use Application PAge tl of ~l fh:VISed 11:{Ifj 7 DISCLOSURE STATEMENT KATHY MAALOUF June 23, 2009 City Council Meeting Page 12 II DISCLOSURE STATEMENT ADDITIONAL DISCLOSURES List all known contractors or businesses that have or will provide services with respect to the requested property use, including but not limited to the providers of architectural services. real estate services, financial services. accounting services. and legal services (Attach list if necessary) A {' ,",' ,1,'\ '-.,. .', ',,- "Parent-subsidiary relationshi p" means "a relationship that exists when one corporation directly or indirectly owns shares possessing more than 50 percent of the voting power of another corporation." See State and Local Government Conflict of Interests Act. Va. Code S 2.2,3101. " . Affiliated business entity relationship" means "a relationship, other than parent- subSidiary relationship, that exists when (i) one business entity has a controlling ownership interest in the other business entity, (Ii) a controlling ow ner in one entity IS also a controlling owner In the other entity. or (iii) there is shared management or control between the business entities Factors that should be considered in determining the existence of an affiliated business entity relationship include that the same person or substantially the same person own or manage the two entities; there are common or commingled funds or assets; the business entities share the use of the same offices or employees or otherwise share activities. resources or personnel on a regular basis: or there is otherwise a close working relationship between the entities." See State and Local Government Conflict of Interests Act. Va. Code S 22-3101 CERTIFICA TION: I certify that the information contained herein is true and accurate I understand that. upon receipt of notification (postcard) that the application has been scheduled for public hearing, I am responSible for obtaining and posting the reqUired sign on the subject property at least 30 days prior to the scheduled public hearing according to the instructions in thiS package. The underSigned also consents to entry upon the subject property by employees of the Department of Planning to photograph and view the site for purposes of processing and evaluating thiS application APP;IC:;'sl:~:~r~-} I . .~ /' / if (.. { / .. I .----{-...-..- f ,(1_ +_1...._!..) Print Name \, Property Owner's Signature (If different than applicant) Print Name Nun Conklll1llng USi':: ,\pphcal1oll Page 9 of 9 ReVIsed 71'JlO 7 III I z o I I ~ U I I .....:I ~ ~ ~ CI'::I P t.:) Z I I ~ o ~ Z o u . Z o Z DISCLOSURE STATEMENT KATHY MAALOUF June 23, 2009 City Council Meeting Page 13 II I III I Mop~:ft!s~ole Kath, Maalou( ~~~.~~v-:.~(,.J.iCriS1liWa ~ -~J'jifl.~ lID ~Uil lJail: ~HJI9..ln- I ;)20 , 3 ~~ ~ _ ' ~:~ '-!"'; 1"rI'1 ,l\.. ,,"1- 11IU[U'1 , ~ ~~/ U~I~: 1 r;! [J{1rt.Jt1,j'" WD ~~~ ~~I~ 03 ill- ..... L - fS'tifv.j, ~ .,.;. y_ I'- -;;JI"i "'I ~ \ · ~ 'u ",I"I"-'id.. ..Il"?'~H~ .., t;~ ~ ~ \ fA ~ \~.. LI: 12'1 ~, '" " ~ ~ :>; ~ v v U lf1., 1...:::J7 ~ ~ I -. '\ ~: TIWU ~ L::v'l d:+t=I. I~\ rt ~ 'All 11fJ 01 \ \\ l.j'f~~ '1/ ~~I~~),~ll~ _~'E ~ '" \ ~~. ____Gu'J. 75 dB Lan-A'::"-t;~... ~ III 11 \ 04\ ~~ \~ ---"""",RAILBJRD DR. ~ \ ~ ~r:...~ L~~~, ~ - rt \ ~ 0:,9 -- z.:.- APZ- ~ - 'IU, ~ ::.: I > 75 ~~ In:;;;;; VI N1A B-2 \\ ~ :'EA~~~EA CK 5~ l \ ,\ 0 A-2 -12 R-1Q >75dBLd \\55 Non-Conforming Use LOCATION MAP KATHY MAALOUF June 23, 2009 City Council Meeting Page 14 II I III I - 60- Item V-L.2. PLANNING ITEM # 58970 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED and EXTENDED date FOR COMPLIANCE FOR SIX (6) MONTHS (January 8, 2010) Ordinance upon application of JACK FEREBEE, ET AL requesting a one (1) year extension to satisfy the conditions for the closure of a portion of an unimproved alley between 55th and 56th Streets from Holly Road to Myrtle Avenue, Ubermeer Subdivision re combining the alley with their adjoining lots ORDINANCE UPON APPLICATION OF JACK FEREBEE, ET AL EXTENDING THE DATE FOR SATISFYING THE CONDITIONS IN THE MATTER OF CLOSING, VACATING AND DISCONTINUING A PORTION OF THAT CERTAIN UNIMPROVED ALLEY KNOWN AS "PORTION OF 15' WAY TO BE CLOSED (3,795 SQUARE FOOT OR 0.087 ACRES)" AS SHOWN ON THAT CERTAIN PLAT ENTITLED "EXHIBIT OF PORTION OF 15 'WA Y TO BE CLOSED FOR LOTS 8, 16, 17, 18, 19, 20 AND PART OF 21, BLOCK 10, ,UBERMEER (MB. 7, PG. 150) AND LOTS A, BAND C, BLOCK 10, RESUBDIVISION OF LOTS 9, 10, 11 AND 12, UBERMEER (MB. 137, PG.23) VIRGINIA BEACH VIRGINIA Ordinance upon application of JACK FEREBEE, ET AL extending the date for satisfying the conditions in the matter of closing, vacating and discontinuing a portion of that certain unimproved alley known as "PORTION OF 15' WAY TO BE CLOSED (3,795 Square foot or 0.087 acres)" as shown on that certain plat entitled "EXHIBIT OF PORTION OF 15 'way to be closed for lots 8, 16, 17, 18, 19, 20 and part of 21, Block 10, Ubermeer (MB. 7, PG. 150) AND Lots A, Band C, Block 10, Resubdivision of lots 9, 10, 11 and 12, UBERMEER (m.b. 137, Pg.23) Virginia Beach Virginia DISTRICT 5 -LYNNHAVEN Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23, 2009 II I , III I 1 AN ORDINANCE EXTENDING THE DATE FOR 2 SATISFYING CONDITIONS IN THE MATTER OF 3 CLOSING, VACATING AND DISCONTINUING A 4 PORTION OF THAT CERTAIN UNIMPROVED 5 ALLEY KNOWN AS "PORTION OF 15' WAY TO BE 6 CLOSED (3,795 sa. FT. OR 0.087 ACRES)" AS 7 SHOWN ON THAT CERTAIN PLAT ENTITLED 8 "EXHIBIT OF PORTION OF 15' WAY TO BE 9 CLOSED FOR LOTS 8, 16, 17, 18, 19, 20 & PART 10 OF 21, BLOCK 10, UBERMEER (M.B. 7, PG. 150) 11 AND LOTS A, B, & C, BLOCK 10, RESUBDIVISION 12 OF LOTS 9, 10, 11, & 12, UBERMEER (M.B. 137, 13 PG. 23) VIRGINIA BEACH, VIRGINIA" 14 15 WHEREAS, on July 8, 2008, the Council of the City of Virginia Beach 16 acted upon the application of Jack E. Ferrebee and Mary B. Ferrebee; John Oliver 17 Wynne, Jr.; Ed Boice, III; Betty Russo; John F. Power and Elizabeth C. Power; TGF, 18 L.C. and Jefferson Investors, L.L.C. (collectively the "Applicant"), for the closure of a 19 portion of an unimproved alley adjacent to Block 10 Ubermeer as shown on Exhibit "A"; 20 21 WHEREAS, on July 8, 2008 the Council adopted and Ordinance to close 22 the aforesaid alley, subject to certain conditions being met on or before July 7, 2009; 23 and 24 25 WHEREAS, on June 10, 2009, the applicant requested an extension of 26 time to satisfy the conditions attached to the aforesaid street closure. 27 28 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of 29 Virginia Beach, Virginia: 30 31 That the date for meeting conditions of closure as stated in the Ordinance 32 adopted on July 8, 2008, upon application of Jack E. Ferrebee and Mary B. Ferrebee; 33 John Oliver Wynne, Jr.; Ed Boice, III; Betty Russo; John F. Power and Elizabeth C. 34 Power; TGF, L.C. and Jefferson Investors, L.L.C., is extended to January 8,2010. 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on this 37 23rddayof June ,2009. 38 39 GPIN: 2419-70-8246-0000, 2419-70-8205-0000, 2419-70-7253-0000, 2419-70-7202- 40 0002,2419-70-6261,2419-70-7369, 2419-70-7317, 2419-70-6355, 2419-70-5373 CA-11027 \ \vbgov. com\dfs 1 \applications\citylawprod\cycom 32\Wpdocs\DO 1 O\P005\OOO 15327. DOC R-1 June 10, 2009 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: JMUg;~) City Attorn EXHIBIT "1\" ~~g\i\ )-;~t lD\....aJ: "'~r ~~ - tI ~ ~ ~ ~ 1 i \Il~V)t:Q ~&~~~ c)t.nf:$~ltfi '*""0\"(;) titit:;) 0 <::1,0,.. '0.. ? ...... ,. t:t)r.:~ '" po ct;;! ~~ ~"O ~~ '-":;; ~~ '" C:\'" ~~ C)~ &' 'Ie >>", ~'" ~ in ~~~~ ~.~.~~ (~ n~~~~"~; '" ~ - \" 56th '" "'. '" ~ ~ m 'ill j:~i <g '\: '" '\: .. r- \ :o'f l~ ..... ..... ..... r- ~ ~1r\:i"':-< '0 '0 '0 -< ~ ~~ ":;t~ ~. ~""\ ~""\ ~""\ '1II lo~ - 'lac;) ~ ~ ~:. . .., '" :; 15 % ... 8. ::. \:i ~~ !l>~ ~. :u~ it '" :-< hi\~ \S '" ~ ;< ~.h~! ~f'l:OTIlI" '" ~ ~ ~ -~ ~: '). ';I;~ ;< ~ ~ 8~ .~~ l;l .' ~lli ~ j. l'I\ t 15' ~,., ~t ~~ <i\'). ~ ~ l'I\ ~ !;1 CIl ("I ~ ~ 0 ~ ~o ~ ~ 0 m () ~ 01 m 0 ~ 0 " . ~ ~ 0 -J )., % c ~-1O ~ 9 ~!si SSG ~ ~~t::~!..!..~ ~ ~ ; U~ ,.. :> ~ g) >- : a~ ~ I I I '- -...l ",-.I ,.. ~ H~~I 'f 'i''i' l~ ll~ ) ~ 2!% m ~ ~~ ~ -( ~ ... ~ g~ ~ g c c C. J:. ~ ~ ~ ~~~ ~ <> -<\ .<\.<\~~ a ~ ~ !.. ~ 'f. ~ ~ !. ~ ~ ~ " .. ~ li ~ ~ ~ :0 :0 ~ i % ~ ~ ~ t1 III ~ "'. :u " ~ ~ ~ s "' 50.00' - ~ PA'/(M(MT N ~~~ !l>~ .,,~ :1>i'1 ~~ ~~ ~- ~- . ~ II I III I - 61 - Item V-L.3. PLANNING ITEM # 58971 Upon motion by vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of5073 VIRGINIA BEACH BOULEVARD, L.L.C.for the Closure of an unimproved portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard: ORDINANCE UPON APPLICATION OF 5073 VIRGINIA BEACH BOULEVARD, L.L.c., FOR THE CLOSURE OF A PORTION OF EUCLID ROAD ADJACENT TO 5073 VIRGINIA BEACH BOULEVARD Ordinance upon application of 5073 VIRGINIA BEACH BOULEVARD, L.L.c., for the Closure of a portion of Euclid Road adjacent to 5073 Virginia Beach Boulevard DISTIRCT 2 ~ KEMPSVILLE The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verifY that no private utilities exist within the right-of-way proposedfor closure.1fprivate utilities do exist, easements satisfactory to the utility companies must be provided. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval by City Council (June 22, 2010}.1fthe conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr" John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23, 2009 II I' III I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 APPLICATION OF 5073 VIRGINIA BEACH BOULEVARD, L.L.C., FOR THE CLOSURE OF AN UNIMPROVED PORTION OF EUCLID ROAD ADJACENT TO 5073 VIRGINIA BEACH BOULEVARD WHEREAS, 5073 Virginia Beach Boulevard, L.L.C. (the "Applicant") applied to the Council of the City of Virginia Beach, Virginia, to have the hereinafter described right-of-way discontinued, closed, and vacated; and WHEREAS, it is the judgment of the Council that said right-of-way be discontinued, closed, and vacated, subject to certain conditions having been met on or before one (1) year from City Council's adoption of this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia Beach, Virginia: SECTION I That the hereinafter described right-of-way be discontinued, closed and vacated, subject to certain conditions being met on or before one (1) year from City Council's adoption of this ordinance: All that certain piece or parcel of land situate, lying and being in the City of Virginia Beach, Virginia, designated and described as "PROPOSED STREET CLOSURE (994.2 SF OR 0.023 AC.)" shown as the shaded area on that certain plat entitled: "STREET CLOSURE EXHIBIT OF 994.2 SQUARE FEET OF VIRGINIA BEACH BOULEVARD TO PARCEL 3-A PLAT RECORDED IN INST. NO. 20070815001113340, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, VIRGINIA EUCLID PLACE VIRGINIA BEACH, VIRGINIA For 5073 VIRGINIA BEACH BLVD. LLC", Scale: 1"=30', dated February 26, 2009, prepared by WPL, a copy of which is attached hereto as Exhibit A. GPIN: 1467-85-8606-0000 1 II 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 86 87 88 , I III I SECTION II The following conditions must be met on or before one (1) year from City Council's adoption of this ordinance: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures," approved by City Council. Copies of said policy are available in the Planning Department. 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcel. The resubdivision plat must be submitted and approved for recordation prior to final street closure approval. 3. The applicant shall verify that no private utilities exist within the right-of-way proposed for closure. Preliminary comments from the utility companies indicate that there is a gas main that crosses the area proposed for closure. If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within one (1) year of approval by City Council. If all conditions noted above are not in compliance and the final plat is not approved within one (1) year of the City Council vote to close the street, this approval will be considered null and void. SECTION III 1. If the preceding conditions are not fulfilled on or before June 22, 2010, this Ordinance will be deemed null and void without further action by the City Council. 2. If all conditions are met on or before June 22,2010, the date of final closure is the date the street closure ordinance is recorded by the City Attorney. 3. In the event the City of Virginia Beach has any interest in the underlying fee, the City Manager or his designee is authorized to execute whatever documents, if any, that may be requested to convey such interest, provided said documents are approved by the City Attorney's Office. 2 II I I II I I 89 90 91 92 93 94 95 96 97 SECTION IV A certified copy of this Ordinance shall be filed in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF VIRGINIA BEACH as "Grantor" and 5073 VIRGINIA BEACH BOULEVARD, L.L.C., as "Grantee." Adopted by the Council of the City of Virginia Beach, Virginia, on this 23rd day of June ,2009. CA 10998 V:\applications\citylawprod\cycom32\W pdocs\D005\P005\000 14738. DOC R-1 June 8,2009 APPROVED AS TO CONTENT: ~ APPROVED AS TO LEGAL SUFFICIENCY: ,. . W~ ~ Vt#t~ City Attorney 3 II " II I I ADMlRAl,~ .... Street Closure Relevant Information: · Kempsville District · The applicant requests closure of this portion of the right-of-way for the purpose of incorporating the closed area into the site to the south. · The site to the south of the closure area was approved in 2008 for a Use Permit for auto sales. . The Viewers reviewed the request and determined there would be no inconvenience to the public through closure of the right-of-way. Evaluation and Recommendation: · Planning Staff recommended denial. · Planning Commission recommends approval (10-0). · There was no opposition. . Consent agenda II , I III I - 62- Item V-LA. PLANNING ITEM # 58972 l..lpon motion by Vice Mayor Jones. seconded by Councilman Dyer. City Council ADOPTED Ordinance upon application of MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER for a Conditional Use Permit re a church at 461 A-B South Lynnhaven Road. ORDINANCE UPON APPLICATION OF MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER, FOR A CONDITIONAL USE PERMIT. REA CHURCH AT 461 A-B SOUTH LYNNHAVEN ROAD. R060935350 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of MISSIONARY TO HELP OTHERS FELLOWSHIP CENTER. for a Conditional Use Permit re a church at 461 A-B South Lynnhaven Road. (GPIN: 14961835640000) DISTRICT 3 - ROSE HALL DISTRICT. The following conditions shall be required: 1. The number of individuals attending anyone service shall not exceed the occupancy number established by the City's Fire Marshall. 2. The applicant shall obtain all necessary permits and inspections from the Planning Department / Permits and Inspections Division and the Fire Department. The applicant shall obtain a Certificate of Occupancy for the change of use from the Building Official. 3. This conditional use permit is validfor three (3) years. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of June, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23. 2009 II I i I II I I - 63 - Item V-L.5. PLANNING ITEM # 58973 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon Application of BLESSED HOPE CHRISTIAN CENTER for a Conditional Use Permit re a church at 5691 Weblin Drive. ORDINANCE UPON APPLICATION OF BLESSED HOPE CHRISTIAN CENTER, CONDITIONAL USE PERMIT. RE A CHURCH AT 5691 WEBLIN DRIVE. R060935351 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of BLESSED HOPE CHRISTIAN CENTER for a Conditional Use Permit re a church at 5691 Weblin Drive. (GPIN: 14681299430000) DISTRICT 2 - KEMPSVILLE The following condition shall be required: 1. A Final Certificate of Occupancy shall be obtainedfrom the Building Official's Office within thirty (30) days of approval of this Use Permit. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of June, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer. Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Cuuncil Members Voting Nay: None Council Members Absent: None June 23,2009 II III I - 64- Item V-L. 6. PLANNING ITEM # 58974 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon Application of SOUTH UNIVERSITY BY EDUCATION MANAGEMENT CORPORATION for a Conditional Use Permit re a public or private college or university at 301 Bendix Road. ORDINANCE UPON APPLICATION OF SOUTH UNIVERSITY BY EDUCATION MANAGEMENT CORPORATION, FOR A CONDITIONAL USE PERMIT. RE A PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY, 301 BENDIX ROAD. R060935352 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of SOUTH UNIVERSITY BY EDUCATION MANAGEMENT CORPORATION for a Conditional Use Permit re a public or private college or university at 301 Bendix Road. (GPIN: 14777197440000) DISTRICT 5 - LYNNHA VEN This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of June, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph. Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 II 'I III I - 65 - Item V-L.7. PLANNING ITEM # 58975 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon Application of JIM WOOTTON for a Conditional Use Permit re a private boat dock at 1732 Lovetts Pond Lane. ORDINANCE UPON APPLICATION OF JIM WOOTTON FOR A CONDITIONAL USE PERMIT, RE A PRIVATE BOAT DOCK, 1732 LOVETTS POND LANE. R060935353 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of JIM WOOTTON for a Conditional Use Permit re a private boat dock at 1732 Lovetts Pond Lane. (GPIN: 14997671071520) DISTRICT 5 - LYNNHA VEN The following conditions shall be required: 1. Permits shall be securedfrom the appropriate regulatory agencies through the Joint Permit Application (JPA) process prior to any development or construction of the pier extensions and boatlif!. 2. The boat dock revisions and extensions shall be substantially constructed as depicted on the plan entitled "SITE PLAN - CONDITIONAL USE PERMIT PIER EXTENSIONS & BOA TLIFT FOR JIM WOOTTON UNIT 18 ", prepared by Professional Construction Consultants, LLC, dated March 2, 2009, or as modified as required by the JP A Permit. 3. No commercial use of the dock shall be permitted. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of June, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23, 2009 'I II I - 66- Item V-L.8. PLANNING ITEM # 58976 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon Application of INDOOR KARTING CENTERS OF AMERICA, LLC / JLB PROPERTY ASSOCIATES, LLC for a Conditional Use Permit re an indoor commercial recreational facility at 2736 North Mall Drive. ORDINANCE UPON APPLICATION OF INDOOR KARTING CENTERS OF AMERICA, LLC / JLB PROPERTY ASSOCIATES, LLC, FOR A CONDITIONAL USE PERMIT. RE AN INDOOR COMMERCIAL RECREATIONAL FACILITY, 2736 NORTH MALL DRIVE. R060935354 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of INDOOR KARTING CENTERS OF AMERICA, LLC / JLB PROPERTY ASSOCIATES, LLC, for a Conditional Use Permit. re an indoor commercial recreational facility, 2736 North Mall Drive. (GPIN: 14963700960000) DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections from the Permits and Inspections Division of the Planning Department and the Fire Department. No business license shall be issued until the applicant has received a Certificate of Occupancy from the Building Official. 2. The applicant shall re-stripe the parking lot to accommodate a minimum of 351 parking spaces. 3. The applicant shall submit a Landscaping Planfor the parking lot, perimeter of the building and the perimeter of the site. The applicant shall work with the current Planning staff of the Planning Department to determine the appropriate location of the plants. 4. The site is limited to building signage as permitted in the City Zoning Ordinance (CZO) , Article 9, Section 905. 5. If the applicant paints the building, the paint colors may only be earth-toned colors. Accents, limited to ten percent (10%) of the exterior wall area, may be the colors of the applicant's logo. June 23. 2009 II I " III I - 67- Item V-L.8. PLANNING ITEM # 58976 (Continued) This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of June, Two Thousand Nine Voting: 10-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: None Councilman Wood DISCLOSED and ABSTAINED pursuant to Section 2.2-3115 (E), Code of Virginia re Item L.8. (KARTING CENTERS OF AMERICA, LLC) Councilman Wood ABSTAINED from voting on this transaction as the applicant has employed JD & W, Inc. to perform the improvements necessary to renovate the building for the proposed new use. Councilman Wood has an ownership interest in JD & W, Inc. and has a personal interest in the corporation. Councilman Wood's correspondence of June 23, 2009, is hereby made a part of the record. June 23,2009 II III City of Virgi~ia Beach VBgov.com JAMES L. WOOD COUNCILMAN - DISTRICT 5 . L YNNHAVEN PHONE: (757) 340.8411 FAX: (757) 340.2082 jlwood@vbgov.com In Reply Refer to 0039204 June 23, 2009 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Abstention Pursuant to Section 2.2-3115(E), Code oj'Virginia Dear Mrs. Fraser: Pursuant to the Virginia Conflict of Interests Act, Section 2.2-3115(E), Code of Virginia, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of Indoor Karting Centers of America, L.L. C. for a Conditional Use Permit for property located at 2738 North Mall Drive. 2. The applicant has employed JD&W, Inc. to perform the improvements necessary to renovate.the building for this proposed new use. 3. I have an ownership interest in JD&W, Inc., which is located at 208 Ash Avenue, Suite 101, Virginia Beach, Va. 23452, and I have a personal interest in the corporation. 3. I wish to disclose this interest and abstain from voting on this matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 208 ASH AVENUE, SUITE 101, VIRGINIA BEACH, VA 23452 Mrs. Ruth Hodges Fraser -2- Re: Abstention Pursuant to Section 2.2-3115(E), Code of Virginia Thank you for your assistance in this matter. JL W /RRI II III June 23, 2009 II - 68 - Item V-L.9. PLANNING ITEM # 58977 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance upon application of THE HOPE LUTHERAN CHURCH and MODIFIED CONDITION NO.1 by deleting and replacing (a) thru (e) of the March 22, 1994, Modification. All other conditions remain the same. ORDINANCE UPON APPLICATION OF THE HOPE LUTHERAN CHURCH FOR A MODIFICATION OF CONDITIONS (APPROVED BY CITY COUNClL ON MAY 15, 1978, JANUARY 22, 1991, MARCH 22,1994, FEBRUARY 11,2003, JANUARY 8,2008) Ordinance upon application of THE HOPE LUTHERANCHURCHfor a Modification of Conditions (approved by City Council on May 15, 1978, January 22, 1991, March 22. 1994. February 11,2003. January 8, 2008) to expand the sanctuary, child care and youth education and ADD a picnic sheltered area at 5350 Providence Road (GPIN: 14663551650000) DISTRICT 2 - KEMPSVILLE DISTRICT. The following conditions shall be required: 1. All conditions attached to the Conditional Use Permits granted by the City Council on May 15, 1978, July 3, 1989 and January 8, 2008 remain in effect. 2. All conditions, with the exception of Number 1 attached to the Conditional Use Permit granted by the City Council on March 22, 1994, remain in effect. 3. Condition Number 1 of the March 22, 1994, Conditional Use Permit is deleted and replaced with the following: a. The site shall be developed in substantial conformance with the submitted site plan entitled "Exhibit to Accompany Conditional Use Permit for 5350 Providence Road. Hope Lutheran Church ", prepared by Site Improvements and dated February 2. 2009. Said plan has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Planning Department. b. Modifications to the site plan, as approved by the Director of Planning, may be made as necessary to address any changes to the access points on Providence Road that may result during detailed site plan review through the Development Services Center (DSC). c, The proposed building addition shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the Virginia Beach City Council and are onfile with the Virginia Beach Planning Department. d. A minimum of two (2) additional trees shall be installed West of the future sanctuary addition and three (3) additional trees shall be installed East of the future sanctuary addition. These plantings shall be added during Phase 1 of the project. e. The Child Care and Child Education Center shall be limited to a total of eighty (80) children unless a right-turn lane into the site is reviewed and approved by Public Works / Traffic Engineering. At no time shall more than ninety (90) students be present at the facility. June 23, 2009 II II - 69- Item V-L.9. PLANNING ITEM # 58977 This Ordinance shall be effective in accordance with Section 107 (/) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-third of June, Two Thousand Nine Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 - 70 - 'I III Item V-L.I0. PLANNING ITEM # 58979 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to AMEND the City Code re: a. Subdivision Regulations, Appendix B, 9 6.3 pertaining to final plats and data b. Site Plan Ordinance, Appendix C, 9 4.1 pertaining to the information required on site development plans c. 94.1 of Appendix B, Subdivision Regulations pertaining to the deletion of the minimum right-oJ-way width and minimum paved width Jor minor subdivision streets Voting: 11-0 (By Consent) Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 23,2009 II I 'I II I I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 AN ORDINANCE TO AMEND THE SUBDIVISION REGULATIONS, APPENDIX B, SECTION 6.3 PERTAINING TO FINAL PLATS AND DATA Section Amended: S6.3 of the Subdivision Regulations BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 6.3 of the Subdivision Regulations of the City Code is hereby amended and reordained to read as follows: Sec. 6.3. Final plats and data. (x) Every final plat with land located within a special flood hazard area shall provide base flood elevations. per Section 5B. Site Plan Ordinance and the FIRM (Flood Insurance Rate Map), Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of June, 2009. II I II III I 1 AN ORDINANCE TO AMEND THE SITE PLAN 2 ORDINANCE, APPENDIX C, SECTION 4.1 OF THE CITY 3 CODE PERTAINING TO THE INFORMATION REQUIRED 4 ON SITE DEVELOPMENT PLANS 5 6 Section Amended: 94.1 of the Site Plan 7 Ordinance 8 9 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 10 BEACH, VIRGINIA: 11 12 That Section 4.1 of the Site Plan Ordinance of the City Code is hereby amended 13 and reordained to read as follows: 14 15 Sec. 4. Information required on site development plan. 16 17 4.1. A site plan, prepared, stamped and endorsed by a registered engineer, 18 surveyor or other persons duly licensed by the Commonwealth of Virginia to practice as 19 such, shall be submitted with every application for approval. A sufficient number of 20 copies of the site plan shall be submitted, as the planning director shall require and shall 21 contain the following information: 22 23 A. Property and ownership information: 24 25 26 11. All sites located in the special flood hazard areas shall provide base flood 27 elevations. per Section 5B and the FIRM (Flood Insurance Rate Map). 28 29 30 31 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of 32 June, 2009. II I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 AN ORDINANCE TO AMEND SECTION 4.1 OF APPENDIX B (SUBDIVISION REGULATIONS), DELETING THE MINIMUM RIGHT OF WAY WIDTH AND MINIMUM PAVED WIDTH REQUIREMENTS FOR MINOR SUBDIVISION STREETS Section Amended: 94.1 of Appendix B " II I I BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4.1 of Appendix B of the City Zoning Ordinance is hereby amended and reordained to read as follows: APPENDIX B SUBDIVISION REGULATIONS DESIGN STANDARDS Sec. 4.1. Streets and alleys. (m) (1) Street right-of-way widths shall be as specified in officially adopted elements of the comprehensive plan relating to streets. Where not shown therein, pavement widths and right-of-way widths for public streets shall be in relation to the proposed density and/or the land use of the property adjacent to the roads and within the parcel sought to be subdivided, but in no case, be less than as follows: TABLE INSET: Minimum RIW Width (feet) b. Serving residential lots of 7,500 square feet or more, or fewer than 10 lots of less than 7,500 square feet on a cul-de-sac, or 10 lots or more of less than 7,500 square feet where adequate legal assurance has been provided that all required driveways on lots served by such street shall be at least 18 feet wide 50 Minimum Paved Width (face to face of curb) (feet) 30 II I 'I III I 49 50 51 52 53 54 55 56 57 58 G:- Serving 10 or more residential lots of less than 7,500 square feet w ~ G,. c. Serving townhouse lots in the R-2.5 zoning category 50 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 23rd day of June, 2008. II I - 71 - Item V-M.l. APPOINTMENTS ITEM # 58980 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: BEACHES and WATERWAYS COMMISSION HEALTH SERVICES ADVISORY BOARD HISTORIC PRESERVATION COMMISSION PARKS and RECREATION COMMISSION 'III I I June 23, 2009 II I - 72- Item V-M.2. APPOINTMENTS ITEM # 58981 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Dennis Polli 3 year term 7/01/09 - 6/30/12 BIKEWAYS and TRAILS COMMISSION Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr.. John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None 'I II I I June 23,2009 II I - 73 - Item V-M.3. APPOINTMENTS ITEM # 58982 Upon NOMINATION by Vice Mayor Jones, City Council: APPOINTED: Shewling Moy Wong Luke Hillard 4 year term 9/01/09 - 8/31/13 REAPPOINTED: Elizabeth A. Twohy 4 year term 9/01/09 - 8/31/13 DEVELOPMENT AUTHORITY Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Dieze!, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None II III I June 23,2009 II I - 74- Item V-M.4. APPOINTMENTS ITEM # 58983 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: John J. Hawley 2 year term 6/01/09 - 5/31/11 MINORITY BUSINESS COUNCIL Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel. Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None I III I June 23,2009 II I - 75 - Item V-M.S. APPOINTMENTS ITEM # 58984 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Morgan Garber (Junior - First Colonial High School) 2 year term 9/01/09 - 6/30/11 PUBLIC LIBRAR Y BOARD Voting: 11-0 Council Members Voting Aye: Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None i I III I June 23, 2009 - 76 - Item V-O.l. NEW BUSINESS ITEM # 58985 BY CONSENSUS, City Clerk to record: ABSTRACT OF VOTES Democratic Primary Election, June 9, 2009 June 23, 2009 'I " I II ABSTRACT OF VOTES cast in the Virginia Beach at the June 9, 2009 Democratic Primary Election for: , Virginia, MEMBER HOUSE OF DELEGATES 90th ENTER DISTRICT NUMBER NAMES OF CANDIDATES AS PRINTED ON BALLOT Algie T. Howell, Jr. Lionel! Spruill, Jr. Total Number of Overvotes for Office ........................................................... II III I TOTAL VOTES RECEIVED (IN FIGURES) 121 62 o We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 9, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for the office indicated above. Given under our hands this 10th day of June, 2009. A copy teste: , Chairman , Vice Chairman , Secretary Secretary, Electoral Board II I II III I ABSTRACT OF VOTES cast in the Virginia Beach at the June 9,2009 Democratic Primary Election for: , Virginia, LIEUTENANT GOVERNOR NAMES OF CANDIDATES AS PRINTED ON BALLOT TOTAL VOTES RECEIVED (IN FIGURES) .........un..................................................... 11 ,448 1 ,492 470 Jody M. Wagner A. Michael Signer Jon I. Bowerbank .................................................................. .................................................................. Total Number of Overvate. for Office ........................................................... 1 We. the undersigned Electoral Board. upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 9, 2009, do hereby certify that the above is a true and correct Abstract of Votes cast at said Democratic Primary Election for the office indicated above. Given under our hands this 10th day of June, 2009. , Chairman , Vice Chairman , Secretary A copy teste: Secretary, Electoral Board II III - 77- Item v.P. ADJOURNMENT ITEM # 58986 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:12 P.M _l:;d~__d~_~J~ Beverly 0. f{ooks, CMC Chief Deputy City Clerk ~~ City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia June 23,2009 II II' - 77- Item v.P. ADJOURNMENT ITEM # 58986 Mayor William D. Sessoms, Jr. DECLARED the City Council Meeting ADJOURNED at 6:12 P.M. d..e-.A.G O. 77p()/~ ----===:_:=:~------------------ Beverly 0. Hooks, CMC Chief Deputy City Clerk William D. Sessoms, Jr. Mayor City of Virginia Beach Virginia June 23, 2009