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DECEMBER 2, 2008 MINUTESCITY COUNCIL MAYOR MEYERA E. OBERNDORF, At -Large VICE MAYOR LOUIS R. JONES, Bayside - District J WILLIAM R. DeS'I'EPH, At -Large HARRY E. DIEZL/., Kempsville - District 2 ROBERT M. DYER, Centerville - Dtstricl I BARBARA M. HENLEY, Princess Anne District 7 REBA S. Mc(J ANAN, Rose Hall - District 3 JOHN E. (1HRIN, Beach District 6 RON A. VILLAN(:EVA, At -/.urge ROSEMARY WILSON, At -Large JAMES L. WOOD, l,vnnhaven -District 5 ('ITYMANAGER - JAMES K. SPORE ('17'Y ATTORNEY - LESLIE L. LILLEY CITY ASSE,,SSOR - JERALD BANAGAN (17'Y AUDITOR - /. YNDON S REAMS ('/77 ('[JERK - I7(1715 HODGES /47.45/ R, AMC CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL AGENDA 2 DECEMBER 2008 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE::(757) 385-4303 FAX (757) 385-5669 E- MAIL: Ctycncl@vbgov.com corn CITY MANAGER'S BRIEFINGS -Conference Room - A. BURTON STATION/Northampton Corridor Strategic Growth Area Robert S. "Steve" Herbert, Deputy City Manager B. FATS, OILS and GREASE (FOG) ORDINANCE Thomas Leahy, Director — Public Utilities C. SEWER PUMP STATION PRO RATA FEE Thomas Leahy, Director — Public Utilities II. CITY COUNCIL LIAISON REPORTS III. COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION - Conference Room - 2:00 PM 4:00 PM VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER — Mayor Meyera E. Oberndorf B. INVOCATION: Reverend William Dyson Presiding Elder, Portsmouth, Richmond/Roanoke District African American Episcopal Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS — November 25, 2008 Defer to December 9, 2008 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. TOWN CETNER, PHASE IV I. CONSENT AGENDA J. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code (deferred from November 25, 2008): a. §30-59 re Erosion and Sediment Control Site Stabilization b. Chapter 5 — Animals and Fowls — ADDING §5-20 re prohibiting feeding wildlife on City property 2. Resolution to OPPOSE uranium mining in the Commonwealth of Virginia unless and until an unbiased, conclusive study can demonstrate no significant release of radioactive sediments downstream. 3. Ordinances re Central Business District (CBD): a. ESTABLISH the (CBD) Northeast Tax Increment Financing (TIF) District. b. ADJUST the boundary for the (CBD) South Tax Increment Financing (TIF) District. 4. Ordinance to APPROPRIATE $200,000 to the Virginia Musical Theatre (VMT) re an interest free loan to support operational and production costs 5. Ordinances to ACCCEPT and APPROPRIATE: a. $430,314 re State reimbursements from the Virginia Compensation Board re Clerk of the Circuit Court's FY2008-09 Technology Trust Fund. b. $47,900 from the U.S. Department of Homeland Security via the Virginia Department of Emergency Management re costs of the Fire Department's Citizen Corps Council and Community Response Team programs. c. $48,427 from U.S. Department of Justice for the State Criminal Alien Assistance Program (SCAAP) to the FY2008-09 Sheriff's Special Revenue Fund re reimbursement for holding undocumented criminal aliens. K. PLANNING 1. Petition of JOYCE LEE CRUMBLE for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) re a new single family dwelling at Hope Avenue and Beach Town Road. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 2. Application of 5073 VIRGINIA BEACH BOULEVARD, L.L.C. for a Conditional Use Permit for construction of a two-story building re motor vehicle sales and rental business at 5073 Virginia Beach Boulevard. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 3. Application of KAREN PARKER for a Conditional Use Permit re home Daycare in a residence at 5516 Gosling Court. DISTRICT 7 — PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of COLUMBUS TOWER BLOCK 5-A2 ASSOCIATES, L.L.C. for a Conditional Use Permit re allow two (2) floors of a mix -used building at Town Center (currently under construction) to be used as a college at 4500 Main Street. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 5. Application of RICHMOND 20 MHZ, LLC d/b/a NTELOS, for a Conditional Use Permit re communication tower at 4221 Pleasant Valley Road. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 6. Application of 1000 N. GREAT NECK ROAD, LLC (Virginia Beach Christian Life Center) for a Modification of Conditions re expansion of the existing parking lot (approved by City Council on October 14, 2003) at 1000 North Great Neck Road. DISTRICT 5 — LYNNHAVEN RECOMMENDATION APPROVAL 7. Application of JOYNT ENTERPRISES, INC., t/a PEMBROKE SUZUKI for a Modification of Conditions re auto sales and service expansion, refurbishing and exterior painting of the existing building and signage (approved by City Council on July 13, 1999 and August 14, 2001) at 4753 Virginia Beach Boulevard. DISTRICT 2 — KEMPSVILLE RECOMMENDATION APPROVAL 8. Application of NEAL REED for a Modification of Conditions re construction of a convenience store at 798 Lynnhaven Parkway. DISTRICT 6 — BEACH RECOMMENDATION APPROVAL 9. Applications of the City of Virginia Beach: a. Ordinance to AMEND the Comprehensive Plan and ADOPT/ADD the Resort Area Strategic Action Plan as an Appendix. RECOMMENDATION APPROVAL b. Ordinance to AMEND §211 of the City Zoning Ordinance (CZO) re certain temporary signs in all Zoning Districts. RECOMMENDATION APPROVAL c. Ordinance to AMEND §203 of the City Zoning Ordinance (CZO) re parking requirements in B -3A (Pembroke Central Business Core District) and B -4C (Central Business Mixed Use District). RECOMMENDATION APPROVAL d. Ordinance to AMEND §4.1 of Appendix B, Subdivision Regulations, re DELETION of minimum right-of-way width and minimum paved width for minor Subdivision streets (deferred from November 25, 2008) RECOMMENDATION APPROVAL L. APPOINTMENTS COMMUNITY SERVICES BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE PARKS AND RECREATION COMMISSION Agenda www.vbgov.corn M. UNFINISHED BUSINESS N. NEW BUSINESS O. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** Effective 1 January 2009: Virginia Beach City Council will hold Informal and Formal Sessions on the second and fourth Tuesdays of each month. Workshops will be scheduled for the first and third Tuesdays of each month per action taken 11.18.08. A Special Formal Session will be held Monday, January 5, 2009 at 4:00 PM for the REORGANIZATION of City Council * * * * * * * * * If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * 12/02/08 afb I 1 MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia December 2, 2008 Vice Mayor Jones called to order the CITY MANAGER'S BRIEFING re BURTON STATION/Northampton Corridor Strategic Growth Area, in the City Council Conference Room, Tuesday, December 2, 2008, at 2:00 P.M. Council Members Present: Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Entered: 2:10 P.M.] William R. "Bill" DeSteph [Entered: 2:11 P.M] Robert M Dyer [Entered: 2:20 P.M] Ron A Villanueva [Entered: 2:12 P.M] December 2, 2008 -2 - CITY MANAGER'S BRIEFING BURTON STATION/ Northampton Corridor Strategic Growth Area 2:00 P.M. Item # 58302 Steve Herbert, Deputy City Manager, referenced the Strategic Growth Areas (SGAs) Updated December 2, 2008 ➢ Resort Area Strategic Action Plan • Started: June 2007 • Approval: December 2008 ➢ Burton Station • Started: April 2008 • Final City Council Briefing: December 2, 2008 • Referral to Planning Commission: December 9, 2008 • Approval : Scheduled for January 13, 2009 ➢ Town Center/Pembroke • Started: October 2008 • November 2008 contract awarded ➢ Newtown Road • Request for Proposal (RFP) being drafted for release in December The Navy, particularly Little Creek is very interested in the Burton Station Plan. Frank Roberts, representing the Hampton Roads Regional Military Federal Facilities Association, and assisted in discussions with the Navy re development of some of this property. Mr. Herbert expressed appreciation to Teresa Carrington and Dan Rockwell — Development Authority, Karen Lasley — Zoning Administrator, Jack Whitney — Director of Planning, Warren Harris — Director of Economic Development and Lloyd Jackson — Economic Development. Warren Harris, advised the Burton Station Strategic Implementation Plan is a comprehensive work including cooperative work between two (2) departments, as well as substantial endeavors between the citizens and stakeholders in that community including representatives from Norfolk, the Norfolk Airport, Virginia Tech and many others in this corridor. This enables the City to amass well over 8 -MILLION square feet of new commercial development, as well as "saving a neighborhood". Jack Whitney stated this is the second in the series of Strategic Action Plans for the Strategic Growth Areas (SGA 's). Each of the twelve (12) areas has its own unique set of challenges. Mr. Whitney distributed the Public Input Summary re the Northampton Boulevard Corridor Implementation Plan, which is hereby made a part of the record. Paul Ostergard, Principal — Urban Design Associates, advised this Strategic Growth Area is in a critical part of the City, adjacent to the Norfolk Airport and also is part of the Study Area is in the City of Norfolk including part of the Lake Wright Golf Course and some undeveloped land. The Study Area goes from I- 64 all the way to the Naval Amphibious Base on Shore Drive. The Area is bounded on the southern side by Northampton Boulevard. It includes the golf course, the Airport Industrial Park, the Virginia Tech Experimental Station for agricultural research, various commercial properties, residential areas (including the historic Burton Station neighborhood), as well as undeveloped land. The Planning Process can be divided into three (3) phases, Phase 1, "understanding", took place earlier this year and encompassed a team meeting with the community, property owners, stakeholders, residents and the City. This involved a large public meeting at the Norfolk Academy, as well as several focus groups and other meetings. All the information was gathered and an analysis prepared. December 2, 2008 -3 - CITY MANAGER'S BRIEFING BURTON STATION/ Northampton Corridor Strategic Growth Area ITEM # 58302 (Continued) Phase II, "exploring", encompassed design concepts and a design charrette (April 29 — May 1, 2008) held in the Lake Wright Hotel. The results of the design exploration were presented to the public. Phase III, "deciding", was the longest phase refining the plan recommendations. Public meetings were held to explore plan options and the fiscal impact of the various other options. Residents were invited to pinpoint the strengths and weaknesses of the community. Principal assets of the Study Area were identified: (1) remarkable location (1-64, adjacent to Norfolk Airport, center of a huge metropolitan region) (2) historic legacy (some residents have lived there since the Civil War era) (3) important public amenities (golf course, airport) (4) developable land is available in the study and, (5) new sports complex being developed in the Study Area. All participants were give three green dots and asked to place these in the best places, problem areas, and worst places in the Study Area. The residents were requested to describe their vision for the future of Burton Station. In the future, there could be an even stronger link between the Amphibious Base and the potential development, as well as using the existing Diamond Springs Road Corridor. Improvements to some intersections was examined. The idea for trails was introduced and people who live and work in the area take advantage of the open space created by the golf course and the existing lakes. This trail could be plugged to introduce a city-wide trial system. The basic aspects of the Plan are to work with the City of Norfolk to reorganize the golf course, extending it to the north and east slightly. The golf course would be bounded by new streets and new office, mixed use development which would be introduced, as well as strengthening the existing residential village. The potential for redeveloping property, especially at Diamond Springs, Northampton Boulevard, will provide access to some of these properties as well. At the intersection of Diamond Springs Road and Northampton Boulevard, Urban Land Institute proposed removing a very sweeping right turn lane configuration and compressing it to a much shorter exclusive right turn lane. This would create more access to the parcels on the corner and increas their value. There would be mixed development blocks of substantial density transitioning to a residential village, a new club house for the golf course as well as a new road. Urban Land Institute is recommending the buildings address the street. Northampton Boulevard will gradually be transitioned into a Boulevard, as it is really a "highway" because of its design. Northampton Boulevard could have wide sidewalks and street trees, even the possibility of shops and restaurants. Multi -family residential could be introduced into the area. There is a potential for high value real estate for future development. In the recommended design of the Burton Station Village, all the existing homes remain. The existing homeowners have the opportunity to participate in subdividing their land and developing new homes on their land. Burton Station Road, at the present time, is only one street. The idea of some form of Senior Housing was also introduced. Basic design guidelines for residential development are encompassed within the study. ULI would prefer to have the parking located behind the buildings which are across the street from the golf course. The first phase would be extending Wesleyan Drive through, reconfiguring the Golf Course, which frees up twenty (20) acres in Norfolk and twenty (20) acres of land in Virginia Beach for development. Work could then commence n the Burton Station neighborhood encouraging investment, perhaps a Senior Citizen facility. These would be the early action items. Longer term, redevelopment might be discussed. Between the three (3) phases, there could be as much 7 -MILLION square feet of office, 1/2 —MILLION of retail, 2.3 -MILLION square feet of flex space and 700 residential dwelling units. Phase I represents approximately eight (80) acres; Phase II, excluding the Golf Course, represents one hundred fifty (150) acres of development and Phase III two hundred sixty-four (264) acres of existing industrial park. In terms of immediate initiatives, a Capital Improvement Program is needed for improvements to Burton Station Road, the cross street, utilities and infrastructure. It is proposed to modify the CIP for Wesleyan Drive to extend through the Golf Course area and continue to facilitate development in Burton Station Village and that process has commenced; facilitate development of the mixed use parcels, which would result from the reconfiguration of the golf course; and a longer term plan would involve improvements to the Northampton/Diamond Springs intersection, addition of streets in the Airport Industrial Park and surrounding areas providing access and alignment with the Amphibious Base Development. December 2, 2008 I -4- CITY MANAGER'S BRIEFING BURTON STATION/ Northampton Corridor Strategic Growth Area ITEM # 58302 (Continued) The BURTON STATION/ Northampton Corridor Strategic Growth Area Plan is in the process of being printed and will be circulated. The City Manager advised the Burton Station Plan is the model to be utilized for the other Strategic Growth Areas (SGAS) December 2, 2008 -5 - CITY MANAGER'S BRIEFING FATS, OILS AND GREASE (FOG) ORDINANCE ITEM # 58303 2:57 P.M. Thomas Leahy, Director — Public Utilities, requested Patricia Phillips, Director of Finance, advise the good news recently received. Ms. Phillips advised Finance has been working with Standard and Poors over the last several months. Periodically reviews are conducted and at the present time, they have been analyzing Water and Sewer. This morning, Standard and Poors approved the upgrade on the Water and Sewer Bonds to Triple A. A press release and written report will be distributed. Mrs. Phillips complimented Mr. Leahy. Mr. Leahy wished to recognize Rich Dunford — Finance and Les White — Public Utilities, as they are the managers of this fund. Thomas Leahy, Director — Public Utilities, advised the City of Virginia Beach has developed a public outreach program in order to help reduce the presence of Fats, Oils and Grease (FOG) in our sanitary sewer system. Regulatory requirements from the Virginia Department of Environmental Quality Regional Special Order by Consent mandate that localities take measures to reduce Sanitary Sewer Overflows (SSOs) — a violation of the EPA Clean Water Act. FOG discharged into the sewer systems is the leading cause of SSOs. The FOG Program is designed to provide the proper tools and knowledge to prevent pipe blockages that cause backups and Sanitary Sewer Overflows. The Sewer Use and Fats, Oils and Grease (FOG) Ordinance is cited in Chapter 28, Article IV, Sections 1-10. FOG = Fats, Oils and Grease ■ It is the byproduct of food preparation and cooking. ■ Comes from many food sources: meats, nuts, plant/vegetable oils, dairy products, soups, gravies, condiments, sauces, pastas, poultry, etc. ■ It is insoluble in water, and can stick and accumulate in sewer pipes and equipment. Mr. Leahy displayed a photograph of Sanitary Sewer Overflows (SSOs). The Cost of FOG (Fats, Oils and Grease) ■ Last year, the City of Virginia Beach spent over $1.4M on FOG abatement and SSO Cleanup. ■ It is estimated to cost $1,500 for City crews to respond to a single SSO. ■ DEQ may fine localities $32,500 per SSO occurrence, $1.6 million in a good year ■ Penalties are waived as long as we are implementing the mandates of the Consent Order in good faith December 2, 2008 - 6 CITY MANAGER'S BRIEFING FATS, OILS AND GREASE (FOG) ORDINANCE ITEM # 58303 (Continued) The Problem with FOG ■ As FOG cools, it sticks to the sides of pipes. ■ Eventually, it builds up and creates a blockage. ■ This leads to -- One-third of SSOs and sanitary sewer blockages are caused by FOG. FOG is a contributing factor in another one- third. FOG is the #1 cause of dry weather blockages and sanitary sewer overflows. Blockages & SSO's 34% Other — Debris, / Roots, Pipe Failure, etc December 2, 2008 -7 - CITY MANAGER'S BRIEFING FATS, OILS AND GREASE (FOG) ORDINANCE ITEM # 58303 (Continued) Department of Public Utilities FOG Control Efforts • DPU cleans up to 1,000,000 feet of sewer lines per year (10 FTE's & equipment) - > $1- MILLION/year • 60-70% is Hot Spot cleaning — same locations cleaned over and over (and over) again • Town Center, Lynnhaven Mall, Hilltop, Oceanfront, many small shopping centers, individual locations, multifamily housing Mr. Leahy displayed examples (Town Center, Laskin Road East of Hilltop and Residential Area — Centerville) and advised Public Utilities is cleaning sewer pipes in Town Center about every two (2) weeks. FOG Control Pilot Studies at Two (2) Shopping Centers • Typical strip malls anchored by a grocery store w/satellite restaurants • Nearly 100% of Grease Control Devices (GCD's) were either not functioning or not being cleaned often enough (or not at all) • Many owners did not know they had Grease Control Devices GCD's or thought that their restaurant did not generate grease • Many claimed Grease Control Devices GCD's were maintained Depictions of outside Great Interceptor, In floor Grease Traps and Under -Sink Grease Traps were Displayed Purpose of a Sewer Use Ordinance and FOG Control Program • Reduce Sanitary Sewer Overflows (SSOs) • Reduce operation and maintenance costs • Maximize existing sanitary sewer system capacity • Enforce existing Plumbing Code • Comply with VDEQ Consent Order • A Credible FOG Reduction Program is a necessary requirement of a CMOM program which is mandated by the Consent Order Sewer Use Ordinance — FOG • Virginia Beach developed a Fats, Oils and Grease (FOG) Ordinance • It has evolved into a template for a Model Regional FOG Ordinance • Will impact Food Service Establishments (FSE's): Restaurants, food courts, school cafeterias, hospitals, grocery stores, prisons, food processors, day cares, social halls, others... • Will impact FOG haulers and transporters Sewer Use Ordinance — General • Prohibit industrial discharges as defined by HRSD regulations • Prohibit discharge of wastewater to stormwater system or surface water • Prohibit damaging or tampering with sanitary sewer system • Provide right -of -entry and inspection for purposes of enforcing the ordinance • Penalties (would be cumulative) • Class 3 Misdemeanor • Liable for cost and expense of damage/cleanup • $500 fine (per day, per occurrence) • DPU may bring legal action to enjoin misconduct • DPU could discontinue water service for non-compliance December 2, 2008 -8 - CITY MANAGER'S BRIEFING FATS, OILS AND GREASE (FOG) ORDINANCE ITEM # 58303 (Continued) How will this affect Food Service Establishments (FSE'S) • Require registering GCD's with the Department of Public Utilities — similar to backflow device registration • Require installation or repair of GCD if necessary • Require regular maintenance of GCD • Require record keeping of maintenance • Require training and certification to service GCD — provided by Hampton Roads Planning District Commission (HRPDC) • Annual inspection fee to recover program cost • Not imposed initially. Would be at actual cost ($100-$150/year) Public Outreach Program • Presentations to Virginia Beach Restaurant Association and Virginia Beach Hotel Motel Association Board of Directors, Divaris Property Management • Stakeholder meetings: Virginia Beach Restaurant Association, Virginia Beach Hotel/Motel Association, Virginia Beach Schools, Virginia Beach Public Works Building Maintenance, Virginia Beach Planning P&I, Haulers, Renderers, Business Owners, Plumbers, Property Managers, Hampton Roads Sanitation District • Notices to all Food Service Establishments — 2400 mailings (only about 150 have been returned) Mr. Leahy displayed examples of residential education: Refrigerator Magnets, Brochures and Grease Can Lids, Door Hangers and Notices and Truck Decals. School Education •Water ANN areness Calendar 2008 •National Children"s Theater production AFLIKIJALIKV 2008 lar lie t „ 1 December 2, 2008 -9 - CITY MANAGER'S BRIEFING FATS, OILS AND GREASE (FOG) ORDINANCE ITEM # 58303 (Continued) Commercial Education • Kitchen BMP Poster • NO (iRLASF Sign • BMP Pocket Guide Brochure Managing FATS, 01L5, and GREASE Other Cities' Successful Programs Cary, NC — SSOs Before and After Implementation of FOG Program Public Utilities has a Fats, Oils and Grease (FOG) Webpage: www.vbgov.com/fog December 2, 2008 - 10 - CITY MANAGER'S BRIEFING FATS, OILS AND GREASE (FOG) ORDINANCE ITEM # 58303 (Continued) Other Successful Programs Metro Water Services, Nashville, TN — Change in Number of SSOs After Initiation of FOG Program 50 45- 40 35 30 25 20. 15 10 5= 0 Graphs were displayed depicting Reportable Sanitary Sewer Overflow's versus Main Line Cleaning and Number of Customer Calls for Sewer Stoppages versus Feet of Mainline Pipe Cleaned. Proposed Schedule ■ Management, Operation and Maintenance (MOM) program due to DEQ on December 31, 2008 ■ FOG Reduction Program is key component of MOM program ■ DEQ/EPA will likely make approval conditional upon ultimate adoption of a FOG Control Ordinance ■ Localities to adopt MOA with Hampton Roads Sanitation District in January, FOG ordinances in spring December 2, 2008 I -11- CITY MANAGER'S BRIEFING SEWER PUMP STATION PRO RATA FEE ITEM # 58304 3:45 P.M. Mr. Leahy distributed a map which outlined the Oceanfront Sanitary Sewer Collection System (PS -003 Service Area). Said map is hereby made a part of the record. Three hundred ninety-nine of them have a pump station owned by Virginia Beach. This particular Service Area has a pump station owned by Hampton Roads Sanitation District. This serves the entire area from Rudee Loop to 42nd Street, a very critical station. Sewer Pump Station Pro -rata Fee (Chapter 28, Article I, Section 28-4) • Resort Area from Rudee Loop to 42nd Street is served by one sanitary sewer pump station owned by Hampton Roads Sanitation District (HRSD) located at 29th and Arctic • The capacity of the sanitary sewer pump station is approximately 5,500 gallons per minute (gpm) (current peak of about 3,000 to 3,500 gpm) • From Public Utilities master planning efforts, the build -out needs for this area will be 9,000 gpm (under current zoning, increased densities would result in higher flows) ■ The 29th Street Sewer Pump Station has been identified by the EPA as a Locality Overflow Point (LOP) ■ The City must provide/certify adequate sanitary sewer capacity for proposed development under new (and more) stringent capacity standards • Public Utilities has concluded that the best approach is to split the service area in two, and build a new sewer pump station in the south service area. The northern service area would be served by HRSD's 29th Street Sanitary Sewer Pump Station (SPS) • Although built in the southern service area, the new Sewer Pump Station (SPS) would provide additional capacity for both the north and south service areas • City Code Sec. 28-4(d): Department of Public Utilities may recover costs of sewer pumping stations from developers when "the property to be served discharges through a pump station owned by the city" ■ All new projects and increased densities in the southern service area would satisfy this criterion • However, all new projects in the northern service area would not be discharging to a pump station "owned by the City," but instead to a station owned by Hampton Roads Sanitation District (HRSD) • The northern service area would get a pass with respect to pump station fees • This is the only service area in the City where this situation would occur December 2, 2008 - 12 - CITY MANAGER'S BRIEFING SEWER PUMP STATION PRO RATA FEE ITEM # ITEM # 58304 (Continued) Proposed Changes to City Code Sec 28-4(d) Whenever system installation costs are calculated pursuant to subsection (c) of this section, and the property to be served discharges through a publicly owned pump station owned by the city, then, in addition to the fees prescribed in subsection (c) above, there shall also be charged a fee in the sum of .. . Until recently, the Department of Public Utilities had very little flow information on the system. Flow meters are expensive to install and even more expensive to maintain when measuring flow on waste water. December 2, 2008 1 - 13 - CITY COUNCIL LIAISON REPORTS ITEM # 58305 3:59 P.M. Councilman Dyer, Liaison — Clean Community Commission, advised the Environmental Service Recognition Breakfast is scheduled for Friday, December 5, 2008, Westminster Canterbury 3100 Shore Drive. December 2, 2008 - 14 - CITY COUNCIL COMMENTS 4:00 P.M. ITEM # 58306 Council Members Dyer and Villanueva are hosting a Town Hall meeting, on Wednesday, January 7, 2009, concerning the Woods Corner Shopping Center revitalization. The residents, local businesses, Steve Herbert, Deputy City Manager, Warren Harris — Director of Economic Development, Jack Whitney — Director of Planning, will be in attendance to respond to the citizenry. ITEM # 58307 Councilman Villanueva: referenced the news article in The Virginian Pilot indicating that Bon Secours and Princess Anne Sentara joined together in collaboration as one team. One of the things they proposed was establishing a joint board of members encompassing (Bon Secours and Princess Anne Sentara). Councilman Villanueva believes the City Council should have representation on this Board. This collaboration is a tremendous asset to the City. Council Lady Wilson advised the collaboration will result in a 200 -bed hospital, which is very exciting Mayor Oberndorf is delighted that two (2) very fine corporations got together and hammered out an accommodation so the City could have this 200 -bed hospital. Seventy percent (70%) will be for Sentara and thirty percent (30%) for Bon Secours. But, the most important thing of all it is not duplicating two (2) hospitals with hundreds of millions of dollars worth of materials, when they can build one that can encompass the needs in the southern end of the City. A young man contacted the Mayor concerning this collaboration and she informed him: "She certain she could speak on behalf of the City Council and say thank you from the bottom of our hearts" because we did not want to be in the middle of that argument. This will be a "win " for all the citizens of Virginia Beach and we thank you very much. Council Lady Wilson believes Councilman Villanueva's suggestion is excellent and suggested the Mayor write a letter requesting the City Council have membership on this Board. Mayor Oberndorf concurred. ITEM # 58308 Cuncil Lady McClanan distributed copies of an article from USA TODAY, Monday, December 1, 2008, entitled" Cities cut back, expecting shortfalls" Said article is hereby made a part of the record. December 2, 2008 I -15- AGENDA REVIEW SESSION 4:03 P.M. ITEM # 58309 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: 1. ORDINANCES/RESOLUTION 1. Ordinances to AMEND the City Code: a. §30-59 re Erosion and Sediment Control site stabilization 5. Ordinances to ACCCEPT and APPROPRIATE: a. $430, 314 re State reimbursements from the Virginia Compensation Board re Clerk of the Circuit Court's FY2008-09 Technology Trust Fund. b. $47,900 from the U.S. Department of Homeland Security via the Virginia Department of Emergency Management re costs of the Fire Department's Citizen Corps Council and Community Response Team programs. c. $48,427 from U.S. Department of Justice for the State Criminal Alien Assistance Program (SCARP) to the FY2008-09 Sheriffs Special Revenue Fund re reimbursement for holding undocumented criminal aliens. Item J.1a. Ordinance to AMEND the City Code: §30-59 re Erosion/Sediment Control shall be DEFERRED INDEFINITELY,BY CONSENT. December 2, 2008 I -16- AGENDA REVIEW SESSION ITEM # 58310 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING 1. Petition of JOYCE LEE CRUMBLE for a Variance to §4.4(b) of the Subdivision Ordinance that all newly created lots meet the requirements of the City Zoning Ordinance (CZO) re a new single family dwelling at Hope Avenue and Beach Town Road. DISTRICT 6 — BEACH 2. Application of 5073 VIRGINIA BEACH BOULEVARD, L.L.C. for a Conditional Use Permit for construction of a two-story building re motor vehicle sales and rental business at 5073 Virginia Beach Boulevard. DISTRICT 2 — KEMPSVILLE 3. Application of KAREN PARKER for a Conditional Use Permit re home Daycare in a residence at 5516 Gosling Court. DISTRICT 7 PRINCESS ANNE DISTRICT 4 - BAYSIDE 4. Application of COLUMBUS TOWER BLOCK 5-A2 ASSOCIATES, L.L.C. for a Conditional Use Permit re allow two (2) floors of a mix -used building at Town Center (currently under construction) to be used as a college at 4500 Main Street. DISTRICT 5 — L YNNHA VEN 5. Application of RICHMOND 20 MHZ, LLC d/b/a NTELOS, for a Conditional Use Permit re communication tower at 4221 Pleasant Valley Road. DISTRICT 2 — KEMPSVILLE 6. Application of 1000 N. GREAT NECK ROAD, LLC (Virginia Beach Christian Life Center) for a Modification of Conditions re expansion of the existing parking lot (approved by City Council on October 14, 2003) at 1000 North Great Neck Road. DISTRICT 5 — LYNNHAVEN 7. Application of JOYNT ENTERPRISES, INC., t/a PEMBROKE SUZUKI for a Modification of Conditions re auto sales and service expansion, refurbishing and exterior painting of the existing building and signage (approved by City Council on July 13, 1999 and August 14, 2001) at 4753 Virginia Beach Boulevard. DISTRICT 2 — KEMPSVILLE 8. Application of NEAL REED for a Modification of Conditions re construction of a convenience store at 798 Lynnhaven Parkway. DISTRICT 6 — BEACH December 2, 2008 - 17 - A GEN DA REVIEW SESSION ITEM # 58310 (Continued) 9. Applications of the City of Virginia Beach: a. Ordinance to AMEND the Comprehensive Plan and ADOPT/ADD the Resort Area Strategic Action Plan as an Appendix. b. Ordinance to AMEND §211 of the City Zoning Ordinance (CZO) re certain temporary signs in all Zoning Districts. c. Ordinance to AMEND §203 of the City Zoning Ordinance (CZO) re parking requirements in B -3A (Pembroke Central Business Core District) and B -4C (Central Business Mixed Use District). d. Ordinance to AMEND §4.1 of Appendix B, Subdivision Regulations, re DELETION of minimum right-of-way width and minimum paved width for minor Subdivision streets (deferred from November 25, 2008) Councilman Wood DISCLOSED prior personal interest re K.6 Application of 1000 N. Great Neck Road, LLC (Virginia Beach Christian Life Center) for a Modification of Conditions. Several years ago, a business in which he had a personal interest sold the applicant land for the parking lot that is the subject of the application. Although, he has no current personal interest in the applicant or the land, Councilman Wood wished to DISCLOSE and record this declaration in the official records of City Council. . Council Lady McClanan will vote NAY re Item K9 a/b. (City of Virginia Beach, AMEND the Comprehensive Plan/Resort Area Strategic Action Plan and AMEND §211 of the CZO re temporary signs). Item K 9. d. (AMEND §4.1 of Appendix B, Subdivision Regulations) will be DEFERRED INDEFINITELY, BY CONSENT. December 2, 2008 - 18 - ITEM # 58311 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration 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)(1) 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). Princess Anne Athletic Development Upon motion by Councilman Dyer, seconded by Councilman Wood, City Council voted to proceed into CLOSED SESSION at 4:43 P.M. Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf , John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 4:43 P.M. - 5:30 P.M.) (Dinner: 5:30 P.M. — 5:55 P.M.) December 2, 2008 - 19 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL December 2, 2008 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, December 2, 2008, at 6:00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, James L. Wood and Rosemary Wilson Council Members Absent: None INVOCATION: Reverend William Dyson Presiding Elder, Portsmouth, Richmond/Roanoke District African American Episcopal Church PLEDGE OFALLEGLANCE TO THE FLAG OF THE UNITED STATES OF AMERICA 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 identfing 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 10, 2007, is hereby made a part of the record. 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. December 2, 2008 - 20 - 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 identing 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. December 2, 2008 -21 - Item V -E. CERTIFICATION OF CLOSED SESSION ITEM # 58312 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: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 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 #58311, Page 18, 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 RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. th Hodges Fraser, MMC City Clerk December 2, 2008 Item V F.1 - 22 - ITEM # 58313 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED the MINUTES of the INFORMAL and FORMAL SESSIONS of November 25, 2008, until the City Council Session of December 9, 2008. Voting: 11--0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf Rosemary Wilson , John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 I - 23 - Item V -G.1 ADOPT AGENDA FOR FORMAL SESSION ITEM # 58314 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION December 2, 2008 - 24 - Item V -G.2. PRESENTATION ITEM # 58315 Mayor Oberndorf RECOGNIZED the following Cub Scouts in attendance to earn their Citizen Badge: Cub Scout Pack #660 Sponsored by: Kempsville Ruritans Webelos I Andrew Basden Sean Cyr Brian Mcnamara John Mulvey Jonathan Schrode Jared Whippo Braedon Young Leaders: Corey Schrode — Den Leader John Mulvey — Assistant Den Leade Webelos II Troll Scouts Drew Berger Billy Bingham Ryan Chaston Jordan Landry Brett Pollman Sebastain Pommerenk Michael Sawyer Flint Stalvey Eric Touchton Tristan Wampler Joshua Weiner Leaders Mike Sawyer — Den Leader Keith Touchton — Dean Leader Adam Pollman — Assistant Den Leader Cub Master Dave Berger Assistant Cub Master Scott Weiner Mayor Oberndorf presented each Scout with a City Seal pin. December 2, 2008 I - 25 - Item V -G.3. PRESENTATION ITEM # 58316 Mayor Oberndorf RECOGNIZED the attendance of Mrs. Diana Watson's PRINCESS ANNE HIGH SCHOOL's Advanced Government Classes. Mayor Oberndorf presented the Students City Seal pins. December 2, 2008 Item V -H.1. PUBLIC HEARING - 26 - ITEM # 58317 Mayor Oberndorf DECLARED A PUBLIC HEARING: TOWN CENTER, PHASE IV The following registered in SUPPORT: Lou Haddad, 222 Center Park Avenue, Phone: 366-4000, represented Armada/Hoffler and presented a very comprehensive briefing re Town Center, Phase IV, was presented on November 18, 2008. There are four (4) major points that have not been accurately been reported to the public. Much has been discussed relative the timing of this Phase in light of the current economic climate and certainly this would not be a good time for the City to take substantial existing revenues and invest them in new development. However, new development is not the case. The Developer must provide all of the risk capital, with the exception of the purchase of the Beacon building; the City will not expend any funds for the next three (3) years in the development of the project. It is the responsibility of the private developer to invest all the required monies, approximately $215 -MILLION. The facilities must then be built, both public and private, move the tenants in, start paying taxes, then and only then, approximately 2011, will the City commit the new revenues created by the project to purchase the public garage and Conference Center. If the projects are not built, there will not be any new tax revenues; therefore, these funds could not be used for other purposes. There has been a misguided focus on the ratio of private to public investment. At the completion of this Phase, private investment will exceed $515 -MILLION and public facilities will settle at $140 -MILLION, a ratio of nearly "4 to 1". This is a monumental investment. Aubrey Layne, 1464 Five Hill Trail, Phone: 753-7842, President - Great Atlantic Real Estate, Pembroke Office Center, which is the largest owner of multi family real estate in Hampton Roads. Pembroke Office Center is the largest office park. These two (2) properties had a combined 2008 tax assessment of $150 -MILLION and over $1.1 -MILLION in real estate taxes were paid to the City. Bob Miller, 5033 Rouse Drive, Phone: 490-9264, represented the Central Business District Association. Over 10 years ago, Columbus I stood there surrounded by woods. The the vision of City Council went in the direction of Town Center. 1-264 is the most important corridor in the City and the CBD believes this will be an Urban Corridor. It is important that it have the model developed at Town Center. Phase IV extends this vision. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. Council Lady Henley advised the very detailed Tax Increment Financing reports encompassing the three (3) TIF Districts and the Special Service Districts (Town Center, Lynnhaven and Sandbridge) have been completed. Patricia Phillips — Director of Financing distributed a copy to each Member of City Council. Mrs. Phillips expressed appreciation. Council Lady Henley advised these reports will be posted on the City's website. December 2, 2008 - 27 - Item V -J. ORDINANCES/RESOLUTION ITEM # 58318 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE MOTION Items la (DEFERRED), 5a/b/cb of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Item J. la. (Ordinances to AMEND the City Code: a. §30-59 re Erosion and Sediment Control site stabilization) shall be DEFERRED INDEFINITELY, BY CONSENT. December 2, 2008 -28 - Item V -J.1 a. ORDINANCES/RESOLUTION ITEM # 58318 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED INDEFINITELY: Ordinances to AMEND the City Code: a. §30-59 re Erosion and Sediment Control site stabilization Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 -29 - Item V-J.1.b. ORDINANCES/RESOLUTION ITEM # 58319 The following registered to speak: Virginia Tavenner, 309 South George Washington Highway, Phone: 485-9933, represented the Virginia Beach SPCA and has been a Wildlife Rehabilitator since 1989. The SPCA SUPPORTS the No Feeding Ordinance as it ultimately benefits wildlife. SPCA has been an active partner in the development of the overall management plan. Handouts encourage ducks to become habitual beggars and less likely to forge for the natural foods and less likely to migrate. They are in competition for handouts and display aggression for one another as well as humans. This makes them prone to unnatural deaths. Michelle Dick, 5553 War Admiral Road, Phone: 671-2087, registered in OPPOSITION, and advised a different type of awareness should be created, particular at Mount Trashmore, as the white geese and ducks are actually a domestic fowl. The ordinance changes the definition of wildlife to include the domestic bird, which is by definition a "dependent" bird. Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND the City Code: b. Chapter 5 — Animals and Fowls — ADDING § 5-20 re prohibiting feeding wildlife on City property Voting: 10-1 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Ron A. Villanueva Council Members Absent: None December 2, 2008 1 AN ORDINANCE TO AMEND CHAPTER 5 (ANIMALS AND 2 FOWL) OF THE CODE OF THE CITY OF VIRGINIA BEACH 3 BY ADDING A NEW SECTION 5-20, PROHIBITING THE 4 FEEDING OF WILDLIFE ON CITY PROPERTY 5 6 Section Added: City Code Section 5-20 7 8 9 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 10 VIRGINIA: 11 12 That Chapter 5 of the City Code is hereby amended by the addition of a new 13 Section 5-20, prohibiting the feeding of wildlife on City property, to read as follows: 14 15 Sec. 5-20. Feeding wildlife on publicly -owned property. 16 (a) It shall be unlawful for any person to feed any wildlife on publicly -owned 17 property within the City; provided, however, that no violation shall be deemed to occur 18 unless signs giving notice of the prohibition set forth in this section are posted in a 19 conspicuous location upon the property and a law enforcement officer has provided a 20 prior warning that continued feeding of wildlife will result in a violation of this section. 21 22 (b) For purpose of this section: 23 (1) "Wildlife" shall include all species of wild animals, wild birds, 24 freshwater fish and all domestic, non-native, native or migratory 25 waterfowl. 26 27 (2) "Feed" shall mean to give, place, expose, deposit, distribute or 28 scatter any edible material with the intention that such material be 29 consumed by wildlife. 30 31 (c) A violation of this section shall constitute a civil infraction punishable by a 32 fine in an amount not to exceed twenty-five dollars ($25.00) for a first violation and fifty 33 dollars ($50.00) for each successive violation. 34 35 36 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of 37 December, 2008. - 30 - Item V -J.2. ORDINANCES/RESOLUTION ITEM # 58320 The following registered to speak in SUPPORT of the Resolution: Jack Dunavant, Professional Engineer, Member of Halifax Town Council, and Chairman — Southside Concerned Citizens, Post Office Box 388, 471 Mountain Road, Halifax, Virginia, Phone; (434) 476- 6648. The SCC was formed in the 1980's to fight this issue. The SCC are all volunteers. Walter Coles and his family, which includes Whitt Clement, a prominent politician in Richmond, who married Mr. Clements sister, have been very active. Senator Frank Wagner introduced this Bill to the amazement of all upstream. Senator Wagner represents Virginia Beach. The uranium deposit at Coles Hill in Pittsylvania County, Virginia, lies very close to the banks of the Banister River. The Banister River meets the Dan and Roanoke Rivers at Kerr Lake which flows into Gaston Lake before meandering through Eastern North Carolina and emptying into Albemarle Sound. Many important towns and cities in Virginia and North Carolina are located along this major waterway, most notably, Virginia Beach. The Uranium at Coles Hill is located away tightly in solid unbroken bedrock. No water flows through the rock and the uranium is doing no harm. Should this deposit be mined, this would be a 400 year process. The rock will be blasted down a depth of 600 feet, brought up to the surface and crushed into a powdery state. At that point, about `half the uranium will be leached out of the powdery mass with a highly concentrated liquid acid wash. Only 1/2 pound of uranium is extracted from a ton of rock so, the waste, called tailings, amounts to 99.97% of that which is extracted. These tailings still contain perhaps fifty percent of their uranium ore, and will be piled into a mount of waste. There is no way to keep this radioactive waste out of the Banister River, which is the water source for the town of Halifax. There is no way to confine the dust to the site. Radiation is a killer, is cumulative and forever. Said information is hereby made a part of the record. Virginia Uranium is wholly owned by a Canadian company. Halifax Town Council passed a Chemical Trespass Ordinance and can electronically forward a copy to the Virginia Beach City Council. Shireen Parsons, 306 Miller Street, Christiansburg, Virginia, Phone: 540-449-9144, represented Southside Concerned Citizens, Chatham Chapter, Virginia Uranium, incorporated. She advised the prospectus states its mandate is to discover and open additional uranium resources in Virginia. This would be the first mine. Ms. Parsons distributed information to City Council, which is hereby made a part of the record. A uranium mine will contaminate all of the Roanoke River Watersheds in Pittsylvania County to Virginia Beach, the North Carolina Sounds and the Atlantic Ocean. Uranium mining has never been done safely anywhere in the World. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to OPPOSE uranium mining in the Commonwealth of Virginia unless and until an unbiased, conclusive study can demonstrate no significant release of radioactive sediments downstream December 2, 2008 -31 - Item V -J.3. a/b ORDINANCES/RESOLUTION ITEM # 58320 (Continued) Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 I 1 A RESOLUTION OPPOSING THE MINING OF 2 URANIUM IN THE COMMONWEALTH OF 3 VIRGINIA IN THE ABSENCE OF AN UNBIASED, 4 CONCLUSIVE STUDY ON THE POTENTIAL 5 EFFECTS THEREOF 6 7 8 9 WHEREAS, in 1983, in response to proposals to mine uranium in the 10 Commonwealth of Virginia, the General Assembly enacted a legislative moratorium on 11 the mining of uranium in Virginia, which remains in effect today; and 12 13 WHEREAS, present-day estimates of uranium ore in Pittsylvania County and the 14 price of uranium yellowcake indicate that uranium deposits in Pittsylvania County may 15 be worth as much as $7 to $10 billion, prompting proposals to study the consequences 16 of repealing the moratorium and developing a regulatory framework for uranium mining; 17 and 18 19 WHEREAS, a company known as Virginia Uranium, Inc. has proposed to 20 establish one of the largest uranium mining operations in North America in Pittsylvania 21 County; and 22 23 WHEREAS, uranium mining by the process likely to be used in Pittsylvania 24 County, if such mining is ultimately approved, results in the creation of huge volumes of 25 highly mobile, radioactive, sand and clay -like sediments known as mill tailings, which are 26 stored as slurries and sludge in ponds, and ultimately as dewatered tailings piles, where 27 they retain 85% of their original radioactivity for hundreds of thousands of years; and 28 29 WHEREAS, historically, tailings pile confinement structures have failed in the 30 United States and elsewhere, resulting in the release of radioactive particles and 31 sediments to downstream surface waters; and 32 33 WHEREAS, it is well-documented and generally agreed within the scientific 34 community that long-term exposure to the level of radiation that could result from a 35 failure of a tailings pile confinement structure, or even a less catastrophic release, are 36 highly deleterious to human health; and 37 38 WHEREAS, historically, many uranium mines have not been properly operated or 39 closed, or in many instances have been abandoned, resulting in radioactive 40 contamination of ground and surface waters, and in some cases leaving a legacy of 41 environmental and human tragedy; and 42 43 WHEREAS, all uranium mines in the United States have, to date, been located in 44 states with low rainfall and high evaporation rates, both of which are important factors in 45 managing water and minimizing flooding, whereas Virginia's climate includes frequent 46 tropical storms, hurricanes, and nor'easters, many of which have produced more rainfall I 47 in a few hours than the total annual precipitation of the arid states where the nation's 48 uranium mines are located; and 49 50 WHEREAS, by contrast, Virginia's surface water hydrology has the capacity to 51 cause significant erosion and structural damage to tailings piles, dams, and caps while 52 simultaneously providing Tong -distance, transport and dispersal downstream of 53 radioactive sediments released as a consequence of such erosion and damage, and 54 many of the uranium mining catastrophes in arid states were caused by the inability to 55 properly manage water, even though water management in such states is much Tess 56 problematic than in Virginia; and 57 58 WHEREAS, these past environmental disasters were also attributable to serious 59 deficiencies in the practices of the uranium mining industry and inadequate federal 60 regulation, such that in the United States, the federal government was forced to 61 intervene to remediate the harm and damage, and after two and one-half decades of 62 remediation and billions of dollars of expenditures, those efforts are still underway; and 63 64 WHEREAS, Virginia Beach and Chesapeake own a raw water intake on Lake 65 Gaston, which is downstream of the proposed mining operation in Pittsylvania County, 66 and water from the Lake Gaston Project is intermixed throughout the water supplies of 67 Chesapeake, Norfolk, and Virginia Beach; and 68 69 WHEREAS, if a flood of the magnitude of that caused by Hurricane Camille in 70 1969 were to fragment one or more tailings piles and transport radioactive mill tailings 71 downstream into Kerr Reservoir and Lake Gaston, the Lake Gaston Project might be 72 rendered inoperable for an indefinite period of time; and 73 74 WHEREAS, a worst-case scenario would include abandonment of the lake 75 Gaston Project, termination of the water services contract with Norfolk (requiring the 76 payment to Norfolk of its stranded capital costs), and the construction of a seawater 77 desalination plant to replace the abandoned water supply at a direct cost to Virginia 78 Beach in excess of $500 million; and 79 80 WHEREAS proponents of uranium mining do not dispute the environmental 81 consequences of past uranium mining practices in the United States or elsewhere, but 82 instead maintain that much more stringent regulations and improved uranium tailings 83 confinement technology will prevent any significant release of radioactive substances 84 downstream; and 85 86 WHEREAS, no mines or uranium tailings confinement cells have ever been 87 constructed in locations, such as Virginia, that are subject to frequent tropical storms, 88 hurricanes, nor'easters, and other storms that can and have produced precipitation 89 approaching the Probable Maximum Precipitation (PMP), as defined by the National 90 Weather Service, such that there can be no reasonable assurance under the present 91 state of knowledge of the subject that uranium mining can be performed safely in 92 Virginia; and 2 I 93 94 WHEREAS, on November 6, 2008, the Virginia Coal and Energy Commission 95 (VCEC) adopted a resolution urging the Virginia Center for Coal and Energy Research 96 (VCCER) to enter into an agreement with the National Academy of Sciences, or other 97 comparable scientific or academic institution independent of the Center, to conduct a 98 wide-ranging study of the impact of uranium mining in the Commonwealth of Virginia; 99 and 100 101 WHEREAS, the City of Virginia Beach does not oppose an unbiased, scientific 102 study of the potential impacts of uranium mining in Virginia by an independent entity 103 such as the National Academy of Sciences. 104 105 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 106 VIRGINIA BEACH, VIRGINIA: 107 108 That unless and until it can be demonstrated a reasonable degree of scientific 109 certainty that there will be no significant release of radioactive sediments downstream 110 under any circumstances, including, but not limited to, a direct hit on the mining facilities 111 by a Probable Maximum Precipitation (PMP) storm event, the City of Virginia Beach is 112 opposed to: (1) uranium mining in Virginia, including the proposed Virginia Uranium 113 operation; (2) the elimination of the existing legislative moratorium on uranium mining, 114 and (3) any attempt to develop a regulatory framework for uranium mining. 115 116 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 117 BEACH, VIRGINIA: 118 119 That any study commissioned by or used by the Commonwealth of Virginia to 120 determine the feasibility of uranium mining in Virginia must include the following criteria: 121 122 (1) The study must thoroughly evaluate the risks, including those 123 resulting from a worst-case scenario as previously described, to 124 the citizens of Virginia and assess whether uranium mining and 125 milling in Virginia can be undertaken in a manner that will 126 completely safeguard the Commonwealth's environment, natural 127 and historic resources, agricultural lands, and the health and well - 128 being of its citizens; 129 130 (2) The entire study process must be open to the public and the press; 131 132 (3) The City of Virginia Beach and other potentially impacted 133 jurisdictions must be included as active participants in the study 134 process; 135 136 (4) The study must be conducted, and the conclusions of such study 137 shall be determined, by a group of qualified and impartial experts, 138 such as the National Academy of Sciences, who are completely 3 139 independent of the uranium mining industry, the nuclear power 140 industry, and any state commission that has assumed or been 141 charged with the responsibility for providing such a study; 142 143 (5) A peer review group that is independent of the VCEC and the 144 VCCER and includes adequate representation from environmental, 145 public health, water supply and water resource agencies, including 146 the Army Corps of Engineers, is established to monitor and critique 147 the study; and 148 149 (6) That the study must be adequately funded and under no deadline 150 for the completion of the study. 151 152 153 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 154 BEACH, VIRGINIA: 155 156 That the City Clerk is hereby directed to transmit a certified copy of this 157 Resolution to each member and member -elect of the City's Congressional and General 158 Assembly Delegations. Adopted by the City Council of the City of Virginia Beach on the 2nd day of 2008. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICybENCY: owt ay 1 Public Utilities ' City Attorney's Office CA -10907 R-4 November 18, 2008 4 - 32 - Item V-J.3.a.b. ORDINANCES/RESOLUTION ITEM # 58321 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY: Ordinances re Central Business District (CBD) a. ESTABLISH Northeast (TIF) District. b. ADJUST the boundary for (CBD) South (TIF) District. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Absent.• Harry E. Diezel and James L. Wood December 2, 2008 - 33 - Item V -J.4. ORDINANCES/RESOLUTION ITEM # 58322 Emily Spruill, Director of Cultural Affairs, introduced Margaret Eure, President — Virginia Musical Theatre Board of Directors, Stephen Test, Board Member — Virginia Musical Theatre, Nancy Creech, Second Vice President — Virginia Musical Theatre Board of Directors and Barbara Lewis, Board Member — Virginia Musical Theatre and President — Town City Club. Virginia Musical Theatre Background • Founded in Virginia Beach in 1991, non-profit local arts organization • Produced more than 300 performances in the Pavilion Theatre • Virginia Musical Theatre (VMT) was the single largest user of the Pavilion Theatre • The need to provide them, and other local groups, a new home drove the development and construction of the Sandler Center • Experienced hardship due to the demolition of the Pavilion Theatre because earned revenue from ticket sales dramatically decreased due to the lower seating capacity of the Contemporary Art Center • Created a $75,000 roll-over deficit before they moved into the Sandler Center First Season at the Sandler Center • Strong attendance — average of 72% capacity • More than 19,000 attended 22 performances • By far most prolific tenant of the Sandler Center • 23 performances planned for 08-09 Season • Rents Miller Studio Theatre for two weeks for rehearsals before each production and the Performance Hall for one week prior to each production • $306,111 already paid in admission taxes, rent and other revenue to City. • Integral to the success of the Sandler Center • Provides quality, low cost entertainment • Activity at the Center and Town Center • Rental income • Direct revenue back to the City Current Situation and Actions Taken • Over past few months VMT Board of Directors has taken action to address and change current financial situation • Board has increased their fundraising goal by 5% through additional sponsorships, annual solicitations and created three fundraising events. Red Carpet Gala in October raised $15,000 net revenue • Restructured Board to provide more direct oversight of spending and finances • Reduced budget for AIDA in October 2008 by $20,000 and has committed to reduce all upcoming production budgets by at least $20,000 to live within their means • Will reduce costs by using more local actors in their productions • Sandler Center staff have reviewed each line item with VMT and explored ways to reduce costs such as institute a new rental category to further reduce rental costs of rehearsal hall • Moved administrative offices yesterday to utilize free rent December 2, 2008 - 34 - Item V -J.4. ORDINANCES/RESOLUTION ITEM # 58322 (Continued) Patricia Phillips, Director of Finance, advised the proposal is for a $200, 000 loan to the Virginia Musical Theatre to catch them up on loses incurred prior to moving to the Sandler. Loan • Needed to "catch up" on losses prior to Sandler Center • New Board has made efficiency improvements and committed to fundraising • Promissory Note — Business Terms: • Repayment over 10 years, supports future success • Interest if late • First priority lien on assets • Personal property collateral • Right to audit • Requires Board to fundraise and reduce costs • Repay Sandler Center immediately • VMT provide quarterly status reports Use of Loan Proceeds • Global Spectrum/Sandler Center: $ 99,000 • Debbie Reynolds — Artist Fee, Lodging & Transportation: $ 50,000 • Royalties for past productions: $ 19,000 • Advertising/Marketing: $ 26,500 • Prior production expenses: $ 5,500 Total: $200,000 Board Members — Virginia Musical Theatre Steve Test, Margaret Eure and Barbara Lewis spoke in SUPPORT. The following registered in OPPOSITION: Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, advised he is taxpayer and member of the Tidewater Musical Theatre. The tax dollars are not a bank to issue to private ventures, when they are in an adverse cash flow situation. The entity should raise the funds or apply to a Bank. Robert K Dean, 1204 Shawn Drive, Phone: 427-6606, represented the Virginia Beach Taxpayer Alliance, The Virginia Symphony today announced being $1.5 -MILLION in debt and cutting salaries by 20%, as well as canceling some Spring concerts. December 2, 2008 -35 - Item V -J.4. ORDINANCES/RESOLUTION ITEM # 58322 (Continued) Upon motion by Councilman Diezel, seconded by Vice Mayor Jones, City Council ADOPTED: Ordinance to APPROPRIATE $200,000 to the Virginia Musical Theatre (VMT) re an interest free loan to support operational and production costs Voting: 9-2 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva Council Members Voting Nay: Rosemary Wilson and James L. Wood Council Members Absent: None December 2, 2008 1 AN ORDINANCE TO APPROPRIATE FUNDS TO PROVIDE 2 AN INTEREST-FREE LOAN TO THE VIRGINIA MUSICAL 3 THEATRE 4 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA THAT: 8 9 1. $200,000 is hereby appropriated from the fund balance of the General Fund 10 for an interest-free loan to the Virginia Musical Theatre #o support 11 operational and productions costs, contingent upon execution of the 12 attached promissory note; and 13 14 2. This loan is to be repaid by the Virginia Musical Theatre over ten (10) years, 15 pursuant to the terms of the attached promissory note. 16 17 Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of 18 Decembcr , 2008. 19 20 Requires an affirmative vote by a majority of all members of the City Council. Approved as to Content: Approved as to Legal Sufficiency: MVlanagg meht Services City Attorn 's Office CA 10906 R-2 November 13, 2008 CITY OF VIRGINIA BEACH AGENDA ITEM J ITEM: An Ordinance to Appropriate Funds to Provide an Interest -Free Loan to the Virginia Musical Theatre MEETING DATE: December 2, 2008 ■ Background: Started in 1991, Virginia Musical Theatre (VMT) is a 501(c)(3) organization based in the City of Virginia Beach. VMT produced 62 separate shows at the Pavilion Theatre until it was demolished in 2005. Due to the demolition of the Pavilion Theatre, the Virginia Musical Theatre had to find a new home while the Sandler Center was under construction. During these two seasons (2005-2006 and 2006-2007), VMT presented their shows at the Contemporary Art Center's (CAC) theatre, which only seats 263. Since their potential seating capacity was reduced from 1,000 seats at the Pavilion Theatre to 263 seats at the CAC, VMT's earned income was dramatically decreased, thus creating a $75,000 roll-over deficit at the end of FY07. VMT was the single largest user of the Pavilion Theatre and the need to provide them, and the other local groups, a new home drove the development and construction of the Sandler Center. VMT's productions at the Sandler Center have been widely received by the community. During its first season at the Sandler Center, VMT played to over 19,000 theatergoers, averaging 72.4% capacity for each show. VMT is by far the Sandler Center's most prolific tenant. In its first season at the Sandler Center, VMT produced White Christmas, Miss Saigon, Titanic, and Smokey Joe's Cafe. Total expenses at the Sandler Center for the 2007-2008 season totaled $265,353. $70,773 is currently owed by VMT to the Sandler Center. VMT's operational and production costs are different from other Virginia Beach -based arts organizations. To mount Broadway -scale productions entail auditioning union actors from New York and providing airfare and housing for the cast and production team (30 approximately for every production); rental cars for local transportation; producing sets and scenery; and paying orchestra musicians, backstage crew and stage technicians. • Considerations: The Board of Directors has met numerous times over the past few months to review their financial situation. They have taken immediate steps to reduce FY09 expenses and the Board has increased their fundraising goal by 5% through additional sponsorships, annual giving campaign and three new fundraising events during the 2008-2009 season. Additional steps taken by VMT: - Reduced their budget for AIDA in October 2008 by $20,000 and will continue to reduce all upcoming production budgets by at least $20,000 to live within their means. - Renegotiating their actors' union contract for the flexibility to use more local actors in their productions, thus reducing costs. - Restructured their Board of Directors to provide more direct oversight of spending and finances. - Moved offices to utilize free rent. - Actively pursuing sponsorships and have implemented an annual giving fundraising campaign to donors and subscribers. 1 In addition to these budget reductions and increased fundraising goals, there is an immediate need for funding to alleviate their debt and assist with cash flow. Due to the fact that VMT experienced financial hardships driven by the demolition of the Pavilion Theatre, compounded with the increased costs for producing larger -scale Broadway shows at the Sandler Center, the Board of Directors for VMT requested a loan from the City for $200.000. The City proposes to issue a Promissory Note to VMT in the amount of $200,000. Pursuant to the terms of the Promissory Note, the loan must be repaid by June 30, 2018. In the event that the annual payments required pursuant to this Note are not current and paid in full by VMT to the City by the dates set forth in the Promissory Note, VMT shall pay five percent (5%) interest to the City on the balance due, calculated from the date the Note is executed by VMT. VMT agrees to pledge its personal property as collateral to secure the Promissory Note. VMT agrees that the City shall have a first priority lien on VMT's ticket sale revenue, profits, assets, personal property, and trade fixtures. ■ Public Information: Information will be disseminated through the normal Council agenda process. Is Recommendation: Approval of ordinance • Attachments: Ordinance; Promissory Note; Policy Report Submitting Department/Agency: Office of Cultural Affairs City Manager: I 9. $21,000 due on or before June 30, 2017; 10. $21,000 due on or before June 30, 2018. 2. In the event that the annual payments required pursuant to this Note are not current and paid in full by Musical Theatre to the City by the dates set forth in Section A (1) (1-10), Musical Theatre shall pay five percent (5%) interest to the City on the balance due. If Musical Theatre is required to pay interest to the City, interest shall be calculated from the date that this Note is executed by Musical Theatre. 3. Musical Theatre hereby represents that no lender or lienor has an interest or lien on any of its Property (hereinafter defined). As such, Musical Theatre agrees that the City shall have a first priority lien on Musical Theatre's ticket sale revenue, profits, assets, personal property, and trade fixtures ("Property"). The City shall have the right to file a UCC Financing Statement on the same. 4. To effectuate Section A (3) above, the Musical Theatre agrees to pledge its personal property as collateral to secure this Note. The Musical Theatre shall provide a comprehensive list of all Property to the City Department of Finance within ten (10) days following the execution of this Note. The City shall have the right, at anytime during which money is owed under this Note, to audit Musical Theatre's Property and/or conduct an inspection of the same. 5. The Musical Theatre covenants and agrees to conduct fundraising efforts, suitable to the City, which will provide revenues sufficient to meet its obligations hereunder. The Musical Theatre also covenants to explore reducing its number of productions and/or changing its operating model to reduce costs and improve net revenues. 2 I PROMISSORY NOTE VIRGINIA MUSICAL THEATRE, INC. Virginia Beach, Virginia U.S. $200,000 December 2, 2008 FOR VALUE RECEIVED, the VIRGINIA MUSICAL THEATRE, INC. ("Musical Theatre"), a Virginia non-profit corporation having an address of 228 N. Lynnhaven Road, #114, Virginia Beach, Virginia, 23452, promises to pay to the order of the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), having an address of Finance Department, Municipal Center, Building One, Virginia Beach, Virginia, 23456, the principal sum of TWO HUNDRED THOUSAND AND 00/100 DOLLARS ($200,000), without interest, from the date hereof until paid. A. Payments: Principal shall be payable as follows: 1. Continuing each year until paid in full, ten (10) installments of principal shall be due and payable. No interest shall accrue on the principal, except as provided in Section (A) (2). Such payments shall be: 1. $15,000 due on or before June 30, 2009; 2. $20,000 due on or before June 30, 2010; 3. $20,000 due on or before June 30, 2011; 4. $20,000 due on or before June 30, 2012; 5. $20,000 due on or before June 30, 2013; 6. $21,000 due on or before June 30, 2014; 7. $21,000 due on or before June 30, 2015; 8. $21,000 due on or before June 30, 2016; 1 I 6. The Musical Theatre covenants to eliminate the debt that Musical Theatre currently owes to Global Spectum, L.P. by June 30, 2009, and thereafter to remain current on all debts arising from Musical Theatre's use of the Sandler Center for the Performing Arts at Virginia Beach. 7. The Musical Theatre covenants to provide the City with quarterly status reports on Musical Theatre's progress on fundraising and debt reduction. Quarterly status reports shall be due to the City on January 1, April 1, July 1, and October 1 of each year, beginning on January 1, 2009, and ending on April 1, 2018. 8. All payments on this Note shall be made by cashier's check, certified check or by wire transfer to the account designated by the City Department of Finance. B. Events of Default: The following are "Events of Default" hereunder: (a) the failure to pay or perform any obligation, liability or indebtedness of the Musical Theatre to the City hereunder as and when due (whether upon demand, at maturity or by acceleration); (b) the commencement of a proceeding against the Musical Theatre for dissolution or liquidation that is not dismissed within ninety (90) days after the Musical Theatre shall have been duly served with notice of such matter; (c) the voluntary or involuntary termination or dissolution of the Musical Theatre; (d) a custodian, trustee, liquidator or receiver shall have been appointed by a court of competent jurisdiction for all or any of the property of the Musical Theatre that is material to its operations; (e) an assignment for the benefit of creditors, or the filing of a petition for any adjustment of indebtedness, composition or extension, by the Musical Theatre; 3 I (f) the entry of a final, non -appealable judgment against the Musical Theatre in an amount in excess of $200,000 that is not satisfied within thirty (30) days thereafter; (g) the seizure or forfeiture of, or the issuance of any final writ of possession or attachment, or any final turnover order for, property of the Musical Theatre without which it is unable to operate; or (h) the invalidation or failure of any covenant promised by Musical Theatre hereunder. C. Remedies Upon Default: Whenever an Event of Default shall have occurred under this Note and be continuing beyond any applicable cure period, (a) the City may, at its option, declare all sums payable hereunder immediately due and payable, in which case the entire unpaid balance of the Note and any accrued interest thereon shall become immediately due and payable and/or (b) the City may exercise any other remedy available to it under applicable law, including, but not limited to, exercising its rights with respect to its pre-existing lien on Musical Theatre's Property, which shall expressly include off -setting obligations hereunder from ticket sales and other proceeds of Musical Theatre, which may be executed by the City Treasurer's use of till tapping. D. Confession of Judgment: Musical Theatre (i) waives homestead exemption, (ii) waives presentment, demand, protest and notice of every kind respecting this Note, (ill) agrees that the City, at any time or times, without notice to or the consent of Musical Theatre, may grant extensions of time, without limit as to the number or the aggregate period of such extensions, for the payment of any principal or interest due hereon, and (iv) to the extent not prohibited by law, waives the benefit of any defense, credit, entitlement, counterclaim, law, rule of law, advantage or protection as an obligor 4 I hereunder or providing for his or her release or discharge from liability hereon, in whole or in part, on account of any facts or circumstances other than full and complete payment of all amounts due hereunder, including, but not limited to, any laws or regula- tions relating to (a) any implied duty of good faith or fair dealing under the Uniform Commercial Code or otherwise, (b) Sections 49-25 and 49-26 of the Code of Virginia of 1950, as amended, or other statute, law or ruling which would require that City proceed against or exhaust its remedies against Musical Theatre or security or requiring that City pursue any remedy whatsoever, (c) the compromise of any claim against or release of Musical Theatre or any security, (d) any right of subrogation, any right to enforce or claim the benefit of any right or remedy of City against Musical Theatre or security, any right as a third party beneficiary of any obligation or duty owed to City, (e) any prior, contemporaneous or subsequent oral representations or oral modifications made by any agent of City to Musical Theatre, (f) any claim of duress or undue influence, or (g) any statute giving any person the right to require (or providing for his or her discharge in the absence of) the institution of any suit hereon. In the event (i) of a default in the payment of any principal, interest, or late fee payable hereunder, (ii) of a default in the performance of or compliance with any of the provisions in this Note, (iii) Musical Theatre is or becomes insolvent or makes any assignment for the benefit of creditors, (iv) a petition is filed or any other proceeding is commenced under the Federal Bankruptcy Code or any state insolvency statute by or against Musical Theatre, (v) a receiver is appointed for Musical Theatre, (vi) of any default by Musical Theatre hereunder, in any such event, the entire balance of principal with all interest then accrued shall, at the option of the holder hereof, become 5 I immediately due and payable at which such time, City hereby appoints any attorney employed by the City of Virginia Beach, as his attorney-in-fact for the sole purpose of confessing judgment of and for all fees, including the City's reasonable attorney's fees, due and payable by Musical Theatre under this Note. Such confession shall be made in any court of competent jurisdiction in the City of Virginia Beach, Virginia and such confession may be made at any time Musical Theatre is in default of this Note, at the sole discretion of the City, without notice to Musical Theatre. E. Non -Waiver: The failure at any time of the City to exercise any of its options or any other rights hereunder shall not constitute a waiver thereof, nor shall it be a bar to the exercise of any of its rights at a later date. All rights and remedies of the City shall be cumulative and may be pursued singly, successively or together, at the option of the City. The acceptance by the City of any partial payment shall not constitute a waiver of any default or of any of the City's rights under this Note. No wavier of any of its rights hereunder, and no modification or amendment of this Note, shall be deemed to be made by the City unless the same shall be in writing, duly signed on behalf of the City. Each such waiver shall apply only with respect to the specific instance involved, and shall in no way impair the rights of the City or the obligations of the Musical Theatre to the City in any other respect at any other time. F. Applicable Law, Venue and Jurisdiction: This Note and the rights and obligations of the Musical Theatre and the City hereunder shall be governed by and interpreted in accordance with the laws of the Commonwealth of Virginia. Any litigation in connection with or to enforce this Note shall be conducted in the courts of the City of Virginia Beach, Virginia, and any objection as to venue in any such court is hereby waived. 6 I G. Partial Invalidity: The unenforceability or invalidation of any provision of this Note shall not affect the enforceability or validity of any other provision herein, and the invalidity or unenforceability of any provision of this Note to any person or circumstance shall not affect the enforceability or validity of such provision as it may apply to other persons or circumstances. H. Binding Effect: This Note shall be binding upon and inure to the benefit of the Musical Theatre and the City and their respective successors and assigns; provided, however, that no obligations of the Musical Theatre hereunder can be assigned without the prior written consent of the City. I. Audit: The City shall have the right to audit all books and records (in whatever form they may be kept, whether written, electronic, or other) kept by or under the control of the Musical Theatre, including, but not limited to those kept by the Musical Theatre, its employees, agents, assigns, successors and subcontractors. Musical Theatre shall maintain its books and records, together with such supporting or underlying documents and materials, for the duration of this Note and for at least three years following the termination of this Note. J. Prepayment: This Note may be prepaid in whole or in part without penalty. Any such prepayments shall be applied to principal. K. Authorization: The undersigned represents and warrants that he has full authority of Musical Theatre to sign on its behalf and to bind Musical Theatre to the obligations hereunder. L. Indemnity: Musical Theatre hereby indemnifies and agrees to hold the City harmless from and against any and all liability, costs, fees or expenses, arising directly 7 I or indirectly from Musical Theatre's execution of this Note or any obligation undertaken by them hereunder. WITNESS the following signature(s) and seal: VIRGINIA MUSICAL THEATRE, INC. ATTEST: 8 By: President I ■ BACKGROUND Po! icv Resort December 2, 2008 • Virginia Musical Theatre (VMT) is a 501 (c) 3 non-profit local arts organization, based in Virginia Beach. • VMT employs two full-time employees and has a 12 -member Board, chaired by Margaret Eure. (Board list is attached) • It is the State of Virginia's only arts organization solely dedicated to the production of musical theatre as a uniquely American art form. • It is Virginia Beach's only professional performing arts organization. • It operates under agreements with all unions governing theatrical productions. Started in 1991, Virginia Musical Theatre (VMT) produced 62 productions at the Pavilion Theatre which was demolished in 2005. Due to the demolition of the Pavilion Theatre, the Virginia Musical Theatre had to find a new home while the Sandler Center was under construction. During these two seasons (2005-2006 and 2006-2007), VMT presented their shows at the Contemporary Art Center's (CAC) theatre, which only seats 263. Since their potential seating capacity was reduced from 1,000 seats (at Pavilion Theatre) to 263 seats at the CAC, their earned income was dramatically decreased, thus creating a $75,000 roll-over deficit at the end of FY07. VMT was the single largest user of the Pavilion Theatre and the need to provide them, and the other local groups, a new home drove the development and construction of the Sandler Center. VMT's productions at the Sandler Center have been widely received by the community. During its first season at the Center, VMT played to over 19,000 theatergoers, averaging 72.4% capacity for each show. VMT is by far the Sandler Center's most prolific tenant. In its first season at the Sandler Center, VMT produced White Christmas, Miss Saigon, Titanic, and Smokey Joe's Cafe. Total expenses at the Sandler Center to date totaled $290,049. Of this amount, $98,988 is currently owed to the Sandler Center (including FY09 expenses). $76,371 was generated in admission taxes. $38,679 was generated in facility fees. These amounts provide a total of $306,111 in monies returned to the City. In addition, surveys show that of those who attend performances, 86% visit the area restaurants and bars either before or after the productions. Given last season's attendance and an average tab of $38 per person, the restaurant industry received in excess of $600,000 in revenue, generating over $65,000 in meal taxes (figures provided by VMT). Virginia Musical Theatre's operational and production costs are different from other Virginia Beach - based arts organizations. To mount Broadway -scale productions entail auditioning union actors from New York and providing airfare and housing for the cast and production team (approximately 30 for every production), rental cars for local transportation, producing sets and scenery, paying orchestra musicians, backstage crew and stage technicians. For the cultural growth of the City and the prosperity of the Sandler Center, it is important that the Virginia Musical Theatre continues as one of the City's leading arts groups. 1 1 The VMT 2008-2009 Season performances include: Elton John's AIDA: October 24 — 26, 2008 (total attendance: 3,127) Debbie Reynolds: December 5 — 7, 2008 Ballroom: February 6 - 8, 2009 Always... Patsy Cline: March 20 — 22, 2009 West Side Story May 1 — 3, 2009 CONSIDERATIONS Due to the fact that VMT experienced financial hardships driven by the demolition of the Pavilion Theatre, compounded with the increased costs for producing larger -scale Broadway shows at the Sandler Center than in previous seasons, the Board of Directors for Virginia Musical Theatre has requested a loan from the City for $200,000 to help alleviate the debt and provide adequate cash flow for this season. The Board of Directors has met numerous times over the past few months to review the financial situation. The Board has taken immediate steps to reduce FY09 expenses and has increased its fundraising goal by 5% through additional sponsorships, an annual giving campaign and has also instituted three new fundraising events during the 2008-2009 season. Despite these budget reductions and increased fundraising goals, there is an immediate need for funding to alleviate their current debt and assist with cash flow. Financial Overview: FY08 Deficit: $171,536 to vendors (including Sandler Center) FY09 Revenues: $1,243,125.00 (includes requested $200,000 loan from City) Expenses: $1,204,563.48 Net Surplus: $38,561.52 (if $200,000 loan is provided by City) Board of Directors Actions Taken: ■ Board of Directors' reduced FY09 expenses and increased fundraising goal. According to the most recent budget (with the proposed $200,000 loan), VMT expects to have a surplus of $38,561.52 at the end of FY09. • Board of Directors has projected increased fundraising by 5% through additional sponsorships, annual giving campaign and the following three fundraising events during the 2008-2009 Season: Red Carpet Gala at Town Center City Club: October 18, 2008 Net Revenue: $15,000 Debbie Reynolds in concert at the Sandler Center: December 5-7, 2008 Estimated Net Revenue: $69,000 Silent Auction: May 1-3, 2009 Estimated Net Revenue: $10,000 • Reduced their budget for AIDA in October 2008 by $20,000 and will continue to reduce all upcoming production budgets by at least $20,000 to live within their means. • VMT has renegotiated the actors' union contract to reduce the number of union actors it must hire for productions, in return reducing production costs. • Sandler Center staff have reviewed each line item with VMT and explored ways to reduce costs such as: 2 I o The Sandler Center has instituted a new rental category to even further discount the rent of the rehearsal hall for resident groups, like VMT, who use the hall for consecutive days. o Reduce stagehand costs by using VMT volunteer stagehands. o Keeping closer watch on the trash generated during rehearsals to reduce cleaning costs. o In the 2008-2009 season, the Sandler Center will reduce charges to all producers for fees associated with box office staff creating the events in the box office ticket selling computer system and selling tickets for their events. • VMT will move administrative offices on December 1, 2008 to save $2,033 per month for an annual savings of $24,396. The Neptune Festival's Board of Directors graciously granted VMT free rent for one year in their office location. After one year, the new location will save VMT $1,400 per month for an annual savings of $16,800. The City of Virginia Beach's Arts and Humanities Commission provided VMT a FY09 project grant of $86,000 in support of their Virginia Beach performances. Since the Commission's FY09 funding has been dispersed to all grant recipients, the Arts and Humanities Commission does not have the funding necessary in their budget to provide any additional funding to VMT. ALTERNATIVES After numerous meetings with VMT's Board and Staff, City Staff developed the following options for City Council's consideration: Option A: Loan VMT $200,0001 (with Council's approval) to be paid back by June 30, 2018, requiring them to pay back what is owed to the City for Sandler Center expenses. This loan would be funded utilizing: $ 66,468 Available in remaining Community Organization Grant (COG) and Regional Reimbursement funds not distributed in FY09 budget $ 133,532 General Fund Reserve for Contingencies or other funding source Proposed Repayment Schedule: FY09: $15,000 June 30, 2009 FY10: $20,000 June 30, 2010 FY11: $20,000 June 30, 2011 FY12: $20,000 June 30, 2012 FY13: $20,000 June 30, 2013 FY14: $21,000 June 30, 2014 FY15: $21,000 June 30, 2015 FY16: $21,000 June 30, 2016 FY17: $21,000 June 30, 2017 FY18: $21,000 June 30, 2018 Total: $200,000 In the event that the annual payment is not paid in full by 20 days after the end of the fiscal year, VMT shall pay five percent interest to the City on the balance due. If VMT is required to pay interest to the City, interest shall be calculated from the date that the Promissory Note is executed by VMT. VMT agrees that the City shall have a first priority lien on VMT's ticket sale revenue, profits, assets, personal property, and trade fixtures ("property"). The City has provided loans in the past to other local non-profit organizations so there is an established precedent for this option.2 3 This funding would help them pay outstanding bills as well as assist with cash flow as they continue with their 08/09 season, at VMT's request. 2 Virginia Aquarium Foundation, Various Rescue Squads, Atlantic Wildfowl Museum Option B: Provide VMT a $200,000 grant (no repayment), requiring them to pay back the $98,988 which is owed to the City from FY08 Sandler Center expenses. The grant would be funded utilizing: $ 66,468 Available in remaining Community Organization Grant (COG) and Regional Reimbursement funds not distributed in FY09 budget $ 133,532 General Fund Reserve for Contingencies or other funding source This funding would help them pay outstanding bills as well as assist with cash flow as they continue with their 08/09 season, at VMT's request. Option C: Forgive the debt of $98,988 to Sandler Center and provide the remaining $101,012 as a grant to VMT (no repayment). This grant would be funded utilizing: $ 66,468 Available in remaining Community Organization Grant (COG) and Regional Reimbursement funds not distributed in FY09 budget $ 133,532 General Fund Reserve for Contingencies or other funding source This funding would help them pay outstanding bills as well as assist with cash flow as they continue with their 08/09 season, at VMT's request. Option 0: Forgive the debt of $98,988 to Sandler Center and provide the remaining $101,012 as a loan to VMT with the expectation it is repaid to the City. $ 66,468 Available in remaining Community Organization Grant (COG) and Regional Reimbursement funds not distributed in FY09 budget $ 133,532 General Fund Reserve for Contingencies or other funding source This funding would help them pay outstanding bills as well as assist with cash flow as they continue with their 08/09 season, at VMT's request. Option E: Do not provide VMT with any additional loan or grant funding. RECOMMENDATION Due to the fact that VMT is a long established and important Virginia Beach organization which provides a valuable cultural experience for the citizens of Virginia Beach and that their current financial problem was created, in large part, by the events and time associated with the demolition of the Pavilion and the subsequent construction and the opening of the Sandler Center, staff recommends that the City loan VMT $200,000 to be repaid by June 30, 2018. This funding would help them pay outstanding bills as well as assist with cash flow as they continue with their 08/09 season, at VMT's request. Proposed Repayment Schedule: FY09: $15,000 June 30, 2009 FY10: $20,000 June 30, 2010 FY11: $20,000 June 30, 2011 FY12: $20,000 June 30, 2012 FY13: $20,000 June 30, 2013 FY14: $21,000 June 30, 2014 FY15: $21,000 June 30, 2015 FY16: $21,000 June 30, 2016 FY17: $21,000 June 30, 2017 4 1 FY18: $21,000 June 30, 2018 Total: $200,000 In the event that the annual payment is not paid in full by 20 days after the end of the fiscal year, VMT shall pay five percent interest to the City on the balance due. If VMT is required to pay interest to the City, interest shall be calculated from the date that the Promissory Note is executed by VMT. The Promissory Note between VMT Board of Directors and City should include the following conditions to ensure that: o VMT agrees to pledge its personal property as collateral to secure the Promissory Note. o VMT agrees that the City shall have a first priority lien on VMT's ticket sale revenue, profits, assets, personal property, and trade fixtures ("Property"). o Deficit is eliminated by end of FY2009 (June 30, 2009). o The Board works diligently to raise additional private support including sponsorship funds and annual fundraising events. o VMT explores reducing number of productions and/or changing their operating model to reduce costs and improve net revenues. o VMT provides City quarterly reports on organization's progress. o VMT remains current with Sandler Center financial obligations. o City of Virginia Beach has the right to audit VMT's finances. 5 Prepared By: Reviewed By: Director of ultura Affairs v Director of'Mariagement Services Director of Finance ftL.‘ 111,( -- Deputy City Manager Reviewed for Legal Sufficiency: Approved By: City Attorney 6 I\3,614 Date Date it(-2-rioe Date It (Lc lob Date Date \I )-5)03 Date OFFICERS & BOARD MEMBERS OF VIRGINIA MUSICAL THEATRE MARGARET EURE President President/Margaret L. Eure Consultants 1400 Haywick Terrace Chesapeake, VA 23322 204-4747 / 285-9426 cell / 204-4744 fax eurelady@cox.net MARK BATZEL, MSFS, AEP, CFBS First Vice President Partner/The Summit Group of Virginia 5041 Corporate Woods Dr. Virginia Beach, VA 23452 499-8300 mbatzel@summitgroupva.com DESIREE MITCHELL Secretary Administrator/Marian Manor 429 W. Farmington Rd. Virginia Beach, VA 23454 340-7466/456-5018 desi ree © marian-manor.com NANCY CREECH Second Vice President 1068 Collection Creek Way Virginia Beach, VA 23454 498-0215 / 498-1355 fax nac @ neptunefestival.com ROSALYN AUGUST Secretary Owner/Diamond & Jewelry Exchange 4004 Atlantic Avenue #901 Virginia Beach, VA 23451 425-8699/285-0379 djexchange @ aol.com JOAN BRYAN Treasurer Senior V.P., Private Banking/TowneBank 297 Constitution Dr. Virginia Beach, VA 23462 473-2533 / 621-2121 cell joan.brvan@townebank.net ROBIN HARVEY, CPA Board Member CPA/DesRoches & Co. Reflections II, Suite 200 200 Golden Oak Ct Virginia Beach, VA 23452 robin m desrochespas.com JUDY JEWELL Board Member Director of Operations/Dominion Enterprises 2853 Saville Garden Way Virginia Beach, VA 23453 351-8038 jgem@cox.net 7 JOHN LANGLOIS Board Member President & CEO/Tele-Video Productions, Inc. Pembroke 3 — Suite 144 Virginia Beach, VA 23462 499-7202 john@televideoproductions.com BARBARA LEWIS Board Member President/The Town Center City Club 232 Center Drive #230 Virginia Beach, VA 23462 490-8317 / 961-4494 fax nikkiland60 @ vahoo. com MAC RAWLS Board Member Founding Exec. Dir.Nirginia Museum Science Center 612 Thalia Drive Virginia Beach, VA 23452 463-2423 / 647-3435 cell macrawls@cox.net STEPHEN G. TEST Board Member Partner/Williams Mullen 222 Central Park Avenue, Suite 1700 Virginia Beach, VA 23462 473-5324 / 358-5324 cell stest@williamsmullen.com EXECUTIVE ADVISORY BOARD FRANK BATTEN, JR. Chairman/Landmark Communications J. MORGAN DAVIS President/Towne Financial Group MICHAEL DUDLEY President & CEO/Optima Health Plan LAWRENCE GOLDRICH Chairman/Larrymore Corp. NORMAN HOFFMANN Executive V.P. & CFO/Dominion Enterprises, Retired THE HONORABLE MEYERA OBERNDORF Mayor/City of Virginia Beach STEPHEN TOBIAS Vice Chairman & COO/Norfolk Southern Corporation ADMINISTRATIVE STAFF JEFF MEREDITH Executive Producing Director MARK HUDGINS Managing Director BRIAN MARSHALL Production Manager MARY BLAIR Administrative Assistant / Group Sales Leader VIRGINIA BEACH l )FI IF FR,: V1�RRfS l'FI.IIR \t. 1F,\\ R.)xl \'I(F (-1411P RFaTRI/ A‘IPFR\IAN SFI Rh nRY EBF+ID fl MARrIN TRL asI FER MI vnLRs: K. EDWIN BRnuv liL ENN R. bats, JR. Jr IrA l;. t•ELn)N ('IRi 'IN S. I.iARRFTT RLI 1 )rr C. it,Nrs RIO 1N A. KIRWIN RI MHO. N. \ILL 1111 DI PARrv11 NT STAFL: E 1IIL1 E.. SPRU ILL DIP LI RIR November 14, 2008 Mayor and Members of City Council City of Virginia Beach 2401 Courthouse Dr. Virginia Beach, VA 23456 Dear Mayor and Members of City Council: �P r• \\;, Hi \I \'nit ('1 )\)\IIN\II )\ ()MCI- DI CI t7! RAL .ArraIRS 20l \i \RK T STAFF'. SF( Uhf) FLOOR Rlrl\:A Br AI I1, 4A 23462 17571 3S5-2526 I75^14'43-5450 FAX .% , \ I420\ C0111 .art, The Virginia Beach Arts and Humanities Commission would like to take the opportunity to write in support of the Virginia Musical Theatre. In existence since 1991, the Virginia Musical Theatre is Virginia Beach's only professional performing arts organization and the single largest user of the Sandler Center. The organization makes an invaluable contribution to the City as a cultural resource but as a revenue generator. Virginia Musical Theatre returned $66,413 in admission taxes to the City last year as well as the restaurant tax revenue generated by its patrons. For the cultural growth of the City and the prosperity of the Sandler Center, it is important that the Virginia Musical Theatre continues as one of the City's leading arts groups. Due to the fact that Virginia Musical Theatre experienced financial hardships driven by the demolition of the Pavilion Theatre, compounded with the increased costs for producing larger -scale Broadway shows at the Sandler Center than in previous seasons, the Commission encourages the City to work out a favorable resolution to their financial hardship. Thank you for your consideration. Sincerely, Members of the Virginia Beach Arts and Humanities Commission MCc0RM1CK& SCH M 1CK'S SEAFOOD RESTAURANT November 24, 2008 The City of Virginia Beach Virginia Beach. VA Honorable Ladles and Gentlemen, At McCormick & Schmick's, vie are approaching our first year anniversary of operation in Town Center, and looking forward to an exc ting, and energized Holiday Season. We remain positive and optimistic during these difficult times, that we have made a great choice in being a part of the Virginia Bach community. Many things contribute to an all-round package of entertainment, which include a variety of choices, whether, food. movies, late evening venues, shopping, and of course, theater. The Sandier Canter is our crown jewel. Everyday, l am speaking to our guests, some of those for the first time, others that are regulars, soon just for those special occasions. In 'marketing' we call it 'Grandmother Research' orjuet plain old 'chit-chat: • What brought you hare? Where are you going next? E.g. Movies, Funny Bones, Keegan's, Sandier • What do you like abut Town Center? Safe, free parking, lots to do, quality events, gnat prices food end theater tickets compared to other cities. • Where do you live? 20% out of state, 20% Virginia Beach, but 60% Hampton Roads area!!! • Why come here? We aro centrally iocatedtll! (location, location, location) "!t is g,8;v tq mot at Town Center, our mends, relatives, business partners and associates or contacts. The different organizations wito perform at the Sandler Center make this area what it is. and what it is destined to become... only because this gem is still somewhat of a secret... but once you have attended, you are "hooked" (sorry about the pun, but we are ' ak od) The feedback I receive is 1O0% positive... yet Town Center as a microcosm is stiiJJ unknown to far too many; however, this as changing rapidly with every event, as more and more explors what is available, The Virginia Musical Theater is an outstanding quality group, and after having lived In 22 different communities over the last 40 years, I can truly say that what they offer, is a great example of the energy, enthusiasm and encouragement, that brought my family here in the first place. The entertainment they provide appeals to all, and they provide a value also, especially now. On behalf of my 6 managers ,and 80 employees, the majority who make Virginia Beach their home, we encourage you to continue to provide your support, both financial and logistical, for the Virginia Muskat Theater. Your investments will see terrific results in the years to come. Hospitably Yours, Jim Rooney, General Manager The Town C'cntcr u! Virginia Bouch • 211 'Market Start • Virginia Bcovh. VA 23462 • (7571(K7•KhXti • VAX t 71P') (047 K -l -t? vglynA C6N1Y November 24, ::008 Honorable Meyera A. Oberndorf And thc Virginia Beach City Council City Hall 2401 Courthoui.e Dr., Suite 281 Municipal Center, Bldg. I Virginia Beach VA 23456 Dear Mayor Oberndorf and the Honorable City Council: Please accept this letter as one of support for the Virginia 'Musical Iheatre and the work they are accomplishing for the good of Virginia Beach and all of 1 Iampton Roads. As thc Managing Director of Virginia Stage Company and u professional theater manager for the past twenty-eight years, 1 can personally attest to the immense value an organization like the Virginia Musical Theatre brings to a community's quality of life — as well as their economic health. In the light of Virginia Musical Theatre's highly entertaining stage productions it is easy to lose sight of the cumulative economic impact a major arts organization can bring to a City through their patron's admission taxes, restaurant and shopping spending and meal/har taxes, the money paid by the organization to a City -owned theater facility, the money paid by the organization to local businesses and salaries paid to its staff. who are also citizens of Virginia Beach. In the case of Virginia Stage C.Amparry at the Wells Theatre, over the last three years alone we have generated nearly $700,000 in Direct Fiscal Impact and over $S million in Direct Economic impact for the City of Norfolk. And this does not take into account our Education and Outreach programs that reach over 40,000 students annually — over 30% of which are from Virginia Beach. It is also the case that attendance and support of the arts is a discretionary spending activity. and whenever the public looses corfidenee in their economic situation they will cut back on their spending for the arts. This is the time when City leadership and foresight is most critical to help sustain the arts so that their contributions to the City's quality of life continue and its future economic contributions to the City arc insured. 1 respectfully urge you and the City of Virginia Beach take the necessary steps to support the Virginia Musical Theatre to help sustain their operations through this unprecedented economic downturn. Sincerely, %;.44kr% Keith Stave Managing Director Virginia Stage Company PO Box 3770, Norfolk, Virginia 23514 • Phunc (757) 62,-&988 • Fax (757) 628-5958 • www.vasrxge.c,m February 25. 2008 VIRGINIA Si'AGE COMPANY AT THE WELLS THEATRE 2005-06, 2006-07 and 2007.08 SEASONS 41 114C N1111t+1, 64 11 CITY OF NORFOLK ECONOMIC IMPACT SUMMARY (Note: theJlnal four months of the ?007 -OR fiscal year and final two productions are estimate i) Value of three years waived rent at Wells Theatre = 5127,260 Eighteen productions with a total of flour hundred eleven public pertbrmances plus a total ot'tifty-seven special Studcnt Matinee Performances Total paid adult attendance Total comp adult attendance TOTAL WELLS THEATRE ADULT ATTENDANCE 123.775 20.080 143,855 Direct Fiscal Impact for the City of Norfolk Admission Tax Parking Revenue - Company staff/artists Parking Revenue - Patrons (divided by 2.5) Bar/Concession Commission paid to City TicketMaster rebate paid to City Food/Beverage Sales Tax - paid .:o City by VSC Food/Beverage Sales Tax - Patrons* Retail Sales Tax - Patrons* Lodging Tax - Company staff/artists Lodging Tax - Patrons* Total Direct Fiscal Impact 123,775 5237,260 548,616 57,542 54.00 5230,168 $10,153 55,271 $6,994 $1,757,908 7.5% 5131,843 5322,235 I% $3,222 517.781 R% $1,422 $276,202 8% 522,096 S697,047 Direct Economic Impact for the City of Norfolk Restaurant Spending - Patrons* Retail spending - Patrons* Hotel spending - Company & Patrons* Company statT/artists/crew salaries & fees paid to Norfolk residents Advertising expenditures to Norfolk companies Total Direct Economic Impact 145 51.757,908 5322,235 $243,983 $2,542,703 5206,006 *Nott: From the 2003 H. Bloun: Hunter analysis for the Norfolk Commission on the Arts & Humanities, the average per patron spending by the patrons of the "Large Audience" Organizations including Virginit Stage Company was: Food spending Retail spending Lodaina saendine $12.22 $2.24 $1.92 55,122,835 Nov 24 08 02:18p Terry and Sandra Ga1 1 aghe 352-753-07'7U 4ovember 22, 2008 To Virginia Beach City Council. First of all,1 would like to thuk you for your dedicated service to our wonderful city. I have lived in Virginia Beach all my life and have been very involved in the arts specifically with Virginia J4[usical Theatre and the Governor's School for the Ars producing performing, directing and musically directing shows at the Virginia Beach Pavilion Theatre and now at the Sandler Center. Virginia Musical Theatre has provided a great service to our community by producing American musical theatre, employing actors both locally and from New York contributing economically through admission taxes, restaurants, car rentals, cast housing; providing a training ground and educational experiences fur young artists both backstage and onstage. In fact, the Governor's School for the Arts has technical and performance internships with Virginia Musical Theatre that afford students unmatched opportunities to work with equity actors, perform within a protcssiuual frame work of scenic, lighting, costume and sound designers and to work with professional directors and choreographers from New York. Theatre is a subject widely studied in schools and universities, and provides a model for thought in philosophy, sociology, and education. Theatre is en instinctive source of pleasure and the means of exploration. affirmation and persuasion; it provides a starred experience in which pewitsl and social existence can be de5>sod and redefined_ Yet, at the acme time, theatre is also under throat. In this time of recession it is accounted as a labor-intensive industry, and therefore expensive and difficult to develop. Theatre, as well as all the arts, relies on injections of public money for its survival, especially in economic times such u these. I implore city council to approve the loan which has been proposed to enable Virginia Musical Theatre to navigate this difficult economic time. VMT' is a vital part of the Virginia Beech community and needs to be supported by our city, They have servedthis community fbr 17 years and 1 totally support this endeavor and ask your serious consideration in this matter. We can not lot VMT succumb during this economic cnsis. Thank you for your support and service to our community. Sincerely, Chip Gal 5041 •t" ircle Virginia Beach, VA 23455 757-515-4724 a [ARMADA HOFFLER n T November 19. 2008 City Council Members City of -Virginia Beach Virginia Bcach, VA 23450 RE: The Virginia Musical Theatre To the Honorable Council Members oldie City of Virginia Beach: We proudly support the Virginia ;Musical l'heatre and are pleased that they are a resident company at the Sandler Center for the Performing Arts, here in Town Center. This professional theater group which makes its home in Virginia Beach hes brought top quality arts entertainment to our citizens and those in the surrounding community for many years. It helps to make, the Town Center a vibrant destination and contributes to its success, a goal which our company shares with the City Council. The Sandler Center for the Performing Arts is the jewel in the City's crown of arts organizations. It brings together dance, theater, art and current events programming. all of which serve to enrich tilt; lives of our citizens and make Virginia Beach a community of choice. We believe it is in the best interest of the City that the Sandler Center for the Performing Arts continue to succeed and that the Virginia Musical Theatre continue to he a part of that success. bine I Anthony P. Nero. President Att 111 Cunt 11 Park Amue. Suite 1161 Virginia Beech, VA 13481 Phase (161) 3H.4000 far (1611 523.0112 www armadahelller can - 36 - Item V -J.5. a/b. c. ORDINANCES/RESOLUTION ITEM # 58323 (Continued) Upon motion by Councilman Diezel, seconded by Councilman Jones, City Council ADOPTED: Ordinances to ACCCEPT/APPROPRIATE: a. $430, 314 re State reimbursements from the Virginia Compensation Board re Clerk of the Circuit Court's FY2008-09 Technology Trust Fund. b. $47, 900 from the U.S. Department of Homeland Security via the Virginia Department of Emergency Management re costs of the Fire Department's Citizen Corps Council and Community Response Team programs. c. $48, 427 from U.S. Department of Justice for the State Criminal Alien Assistance Program (SCAAP) to the FY2008-09 Sheriffs Special Revenue Fund re reimbursement for holding undocumented criminal aliens. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA COMPENSATION BOARD 3 4 5 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 6 VIRGINIA BEACH, VIRGINIA: 7 8 1. That $430,314 in state reimbursements from the Virginia Compensation 9 Board is hereby accepted and appropriated to the Clerk of the Circuit Court's 10 FY 2008-09 Technology Trust Fund. 11 12 2. That state revenues are increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 9nd of December , 2008. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFF NCY: Management Services CA10938 R-2 November 19, 2008 'City A 's Office day 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE U.S. DEPARTMENT OF 3 HOMELAND SECURITY 4 5 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 1) Funds are hereby accepted from the U.S. Department of Homeland Security 10 via the Virginia Department of Emergency Management in the amount of 11 $47,900 with estimated federal revenues increased accordingly. 12 13 2) Appropriations to the FY 2008-09 Operating Budget of the Fire Department 14 to cover costs associated with the Citizen Corps Council and Community 15 Emergency Response Team programs are hereby increased by $47,900. Adopted by the Council of the City of Virginia Beach, Virginia on the 2nd day of Decmeber 2008. Requires an affirmative vote by a majority of all member of the City Council. Approved as to Content Approved as to Legal Sufficiency Management Services CA10935 R-2 November 17, 2008 -ity : • ey's Office MICHA,' L M. CLINE State Coordinator JANET L. CLEMENTS Deputy Coordinator BRETT A. BURDICK Deputy Coordinator COMMONWEALTH of VIRGINIA Department of Emergency Management Mr. James K. Spore City Manager Virginia Beach City Municipal Center, Building 1 Virginia Beach, VA 23456 Dear Mr. Spore: October 29, 2008 1350Trade ou:t Richmond, Virginia 2323::-3713 (804) 897-65CC (TDD; 674-2417 FAX (804': 897-65.06 We are pleased to inform you that the Virginia Beach City has been awarded funds in the amount of $47,900.00 from the 2007 State Homeland Security Program Grant, (CFDA # 97.073) from the National Preparedness Directorate (NPD), United States Department of Homeland Security (DHS) and administered by the Commonwealth for the Citizens Preparedness Project. A revised budget will be required equal to the award amount. A copy of the budget forms can be found at: http:./!www.v°aenmcrgencv.conA~grantsiCCP2007!FY07CCPltelfizedBud«et.xls Included in this package of particular importance is the Certification of Compliance, and Special Conditions, for your signature. It certifies you have read and understand Federal and State terms and conditions associated with accepting the grant. These forms and any others listed on the Certification of Compliance not included with your initial grant application need to be sent in within 30 days. No requests for funds will be processed until all forms and the revised budget is received by VDEM. The Commonwealth will send grant funds to a sub -grantee on a reimbursement basis for allowable expenditures. To request funds, use the attached "Request for Funds" form. This form can also be found at: http: ti wv, .vaemergencti.corivvrants/forms/RequestforFundsProjectExpenditure NI Ati.xls. You are required to attach invoices that reflect your spending plan (revised budget). The end of the program period is June 30, 2010, for obligation purposes and September 30, 2010, to complete expenditures and finalize the close out reporting process. During this program period, all subgrantees are required to submit quarterly progress reports. This form can be found at http °'1www.vaemernc v.com/grants/forms/Progress Report.doc. "If 'orki#, ter Prated ! ' pte, Property curd Dur (ummua Mr. Spore Page 2 October 29, 2008 Grant recipients will be monitored periodically by VDEM and/or NPD to ensure that the program goals, objectives, timelines, budgets, and other related program criteria are being met. Monitoring will be accomplished through a combination of office -based and on-site monitoring visits. Monitoring will involve the review and analysis of the financial, programmatic and administrative as well as other issues relative to each program, and will identify areas where technical assistance and other support may be needed. Subgrantees may be required to submit a special progress report in addition to the quarterly reports if the Commonwealth deems necessary. This award is subject to all administrative and financial requirements, including the timely submission of all financial/programmatic reports and adhering to the Special Conditions. Should you not adhere to these requirements, you will be in violation of the terms of this agreement and the award will be subject to termination and reallocated. If you have any questions regarding this award, please contact the VDEM grant specialist for your region at (804) 897-6500. Sincerely, Michael M. Cline c: The Honorable Robert P. Crouch, Jr., Assistant to the Governor for Commonwealth Preparedness The Honorable John Marshall, Secretary of Public Safety Ms. Janet Clements, Chief Deputy State Coordinator for Emergency Management Mr. Brett Burdick, Deputy State Coordinator for Administration Mrs. Susan Mongold, Grants Coordinator Ms. Cheryl Adkins, Grant Manager Attachments MMC/ms 4 10 d' ote t P o/)I e, Property 'rritlrn,;.rrr�1 October 29, 2008 FISCAL YEAR 2007 STATE HOMELAND SECURITY PROGRAM GRANT SUBGRANT AWARD & CERTIFICATION OF COMPLIANCE Subgrantee: Virginia Beach City Citizen Preparedness As the duly authorized representative of the above listed organization, I hereby accept the subgrant award and certify that I have read and understand the terms and conditions presented in the following documents: FY 2007 STATE HOMELAND SECURITY PROGRAM GRANT: http:i/www.oip.usdoj.2oviodp/docs/fv07 hs« p iruidance.pdf Special Conditions Non -Supplanting Certification Grant Assurances Certification Regarding Lobbying VDEM Grant Application Print Name Print Title Signature Date SPECIAL CONDITIONS 1. The recipient agrees to comply with the financial and administrative requirements set forth by the Commonwealth of Virginia and the Office of Grants and Training. 2. The recipient agrees that federal funds under this award will be used to supplement, but not supplant, state or local funds for homeland security preparedness. 3. The recipients agrees that the use of funds under this grant will be in accordance with the Fiscal Year 2007 Homeland Security Grant Program Guidelines and must support the goals and objectives included in the State Homeland Security Strategy. 4. The recipient must submit a Quarterly Progress Report. Failure to provide this information may result in VDEM withholding grant funds from further obligation and expenditure. 5. The recipient agrees that all publications created with funding under this grant shall prominently contain the following statement: "This Document was prepared under a grant from the Office of Grants & Training (G&T), United States Department of Homeland Security. Points of view or opinions expressed in this document are those of the authors and do not necessarily represent the official position or policies of G&T or the U.S. Department of Homeland Security". 6. The recipient agrees that, when practicable, any equipment purchased with grant funding shall be prominently marked as follows: "Purchased with funds provided by the U.S. Department of Homeland Security." 7. The recipient agrees to cooperate with any assessments, national evaluation efforts, or information or data collection requests, including, but limited to, the provision of any information required for the assessment or evaluation of any activities within this project. 8. Approval of this award does not indicate approval of any consultant rate in excess of $450.00 per day. A detailed justification must be submitted to and approved by G&T prior to obligation or expenditure of such funds. 9. Drawdown of Funds: Subrecipients may elect to drawdown funds up to 120 days prior to expenditure/disbursement. However, the Commonwealth strongly encourages recipients to drawdown funds as close to expenditure as possible to avoid accruing interest. Funds received by sub recipients must be placed in a interest-bearing account and are subject to the rules outlined in the Uniform Rule 6 CFR part 9, New Restrictions on Lobbying, and the Uniform Rule 28 CFR Part 70, Uniform Administrative Requirement for Grants and Agreements (Including Subawards) with Institutions of higher Education, Hospitals and other Non-profit Organizations, at h ':'www. zpoaccess.gov;cfi indeh.htnil. These guidelines state that sub recipients are required to promptly, but at least quarterly, remit interest earned on advances to: United States Department of Health and Human Services Division of Payments Management Services PO Box 6021 Rockville, MD 20852 Copies of all remittances must be sent to VDEM. Subrecipients may keep interest amounts up to $100 per year for administrative expenses for all federal grants combined. Subrecipients are subject to the interest requirements of the Cash Management Improvement Act (CMIA) and its implementing regulations at 31 CFR Part 205. Interest under CMIA will accrue from the time federal funds are credited to the account until the time the funds are paid. Name Initials (Entity) 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 THE U.S. DEPARTMENT OF JUSTICE TO THE FY 3 2008-09 SHERIFF SPECIAL REVENUE FUND 4 5 6 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 7 VIRGINIA BEACH, VIRGINIA: 8 9 1. That $48,427 in revenue from the U.S. Department of Justice for the State 10 Criminal Alien Assistance Program (SCAAP) is hereby appropriated in the FY 2008-09 11 Sheriff Special Revenue Fund. 12 13 2. That estimated revenue in the FY 2008-09 Sheriff Special Revenue Fund 14 is hereby increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of December , 2008. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: fl Management Services it A y o ey's Office CA10936 R-2 November 19, 2008 - 37 - V --K PLANNING ITEM # 58324 1. JOYCE LEE CRUMBLE VARIANCE 2. 5073 VIRGINIA BEACH BOULEVARD, L.L.C. CONDITIONAL USE PERMIT 3. KARENE PARKER CONDITIONAL USE PERMIT 4. COLUMBUS TOWER 5-a2 ASSOCIATES, L.L.C. CONDITITOINAL USE PERMIT 5. RICHMOND 20 MHZ, LLC d/b/a NTELOS CONDITIONAL USE PERMIT 6. 1000 N. GREAT NECK ROAD MODIFICATION OF CONDITIONS 7. JOYNT ENTERPRISES, INC. MODIFICATION OF CONDITIONS t/a PEMBROKE SUZUKI 8. NEAL REED MODIFICATION OF CONDITIONS 9. CITY OF VIRGINIA BEACH AMEND the Comprehensive Plan and ADOPT/ADD the Resort Area Strategic Action Plan as an Appendix. AMEND §211 of the City Zoning Ordinance (CZO) re certain temporary signs in all Zoning Districts. AMEND §203 of the City Zoning Ordinance (CZO) re parking requirements in B -3A (Pembroke Central Business Core District) and B -4C (Central Business Mixed Use District). December 2, 2008 - 38 - Item V -K. PLANNING ITEM # 58325 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED in ONE MOTION Items 1,2, 3, 4, 5, 6, 7, 8, 9a/b/c, d (DEFERRED INDEFINITELY) of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan will vote a VERBAL NAY on Item K.9a/b (Resort Area Strategic Action Plan) and (temporary signs) Councilman Wood DISCLOSED prior personal interest re K.6 Application of 1000 North Great Neck Road, LLC (Virginia Beach Christian Life Center) for a Modification of Conditions. Several years ago, a business in which he had a personal interest sold to the applicant land for the parking lot that is the subject of the application. Although, he has no current personal interest in the applicant or the land, Councilman Wood wished to DISCLOSE and record this declaration in the official records of City Council. December 2, 2008 1 - 39 - Item V -K.1. PLANNING ITEM # 58326 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED the application of JOYCE LEE CRUMBLE for a Variance to §4.4(b) of Subdivision Ordinance that all lots et (CZO) at Hope Avenue/Beach Town Road DISTRICT 6 — BEACH JOYCE LEE CRUMBLE Subdivision Variance, south side of Hope Avenue at its intersection with Beach Town Road. (GPIN: 241754114920000 BEACH DISTRICT The following condition shall be required: The property shall be configured substantially as shown on the submitted plat entitled "Preliminary Subdivision of Property of Joyce Lee Crumble ", dated April 4, 2008, by Gallup Surveyors & Engineers, LTD. Said Plat has been exhibited to the City Council and is on file in the Planning Department. Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 - 40 - Item V -K.2. PLANNING ITEM # 58327 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of 5073 VIRGINIA BEACH BOULEVARD, L.L.C. for a Conditional Use Permit re vehicle sales/rental at 5073 Virginia Beach Boulevard. ORDINANCE UPON APPLICATION OF 5073 VIRGINIA BEACH BOULEVARD, L.L.C. CONDITIONAL USE PERMIT, MOTOR VEHICLE SALES, RENTAL AND SERVICE RO11835306 BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 5073 VIRGINIA BEACH BOULEVARD, L.L.C. Conditional Use Permit, motor vehicle sales, rental and service, 5073 Virginia Beach Boulevard. GPIN: 14678586060000;146785852400000 KEMPSVILLE DISTRICT The following conditions shall be required: Right-of-way improvements along Jersey Avenue shall be constructed as deemed necessary by Public Works and the Planning Department and shall include, but are not limited to, pavement widening, curb and gutter, drainage and street lighting. 2. Where streetscape landscaping does not exist along Virginia Beach Boulevard, it shall be installed along the northern edge of the proposed parking lot, as described in the Landscaping Guide, December 2002. The existing and proposed streetscape landscaping shall be depicted on the final site plan. 3. When the property is developed, it shall be in substantial conformance with the Plan entitled, "Conceptual Site Plan of Lots 7 & 8, Block 26, Parcel — A, Euclid Place, " prepared by WPL, dated 08/29/08, which has been exhibited to the City Council and is on file in the Planning Department. 4. The building on the property shall be constructed in substantial conformance with the elevation entitled, "Proposed Building, 5073 Virginia Beach Boulevard, " dated 08/28/08, prepared by Daugherty & Associates Architecture ", which has been exhibited to the City Council and is on file in the Planning Department. 5. There shall be no storage of tires, merchandise or debris of any kind outside of the building. 6. There shall be no outside audio speakers for any purpose. 7. All vehicle repairs shall take place inside the building. 8. No outside storage of vehicles in a state of obvious disrepair shall be permitted. If vehicles in this condition require storage, then such vehicles shall be stored within the building. December 2, 2008 1 -41 - Item V -K.2. PLANNING ITEM # 58327 (Continued) 9. Vehicles `for sale" shall be located within the area designated for display within the paved parking lot. No vehicles shall be displayed on raised platforms, earthen berms or any other structure designed to display a vehicle higher than the elevation of the main parking lot. This Ordinance shall be effective in accordance with Section 107 09 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second of December Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 1 - 42 - Item V -K3. PLANNING ITEM # 58328 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED Ordinance upon application of KAREN PARKER for a Conditional Use Permit re home Daycare at 5516 Gosling Court. ORDINANCE UPON APPLICATION OF KAREN PARKER CONDITIONAL USE PERMIT, DAYCARE, 5516 GOSLING COURT (GPIN 1468613490). AICUZ IS LESS THAN 65. PRINCESS ANNE DISTRICT DISTRICT 4 — BAYSIDE RO11835307 BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of KAREN PARKER Conditional Use Permit, Daycare, 5516 Gosling Court (GPIN 1468613490). AICUZ is Less than 65. PRINCESS ANNE DISTRICT DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The home Daycare shall be limited to a total of twelve (12) children other than children living in the home. There shall be no more than five (5) children under the age of 2%2 years in the home at one time as required by the Department of Social Services. 2. A fence, to be maintained in good condition at all times, shall enclose the outdoor play area and the fence shall satisfy the requirement of the Department of Social Services. 3. No signs advertising the home Daycare shall be permitted on the lot or any building on the lot at any time. 4. The applicant shall be licensed with the Commonwealth of Virginia. Failure to maintain said license in good standing shall result in revocation of this Use Permit. 5. The applicant shall receive a Certificate of Occupancy for the proposed use from the Building Official for the home Daycare/residential use. 6. The applicant shall obtain all necessary permits and inspections from the Planning Department/Permits and Inspections Division. This Ordinance shall be effective in accordance with Section 107 (9 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second of December Two Thousand Eight December 2, 2008 - 43 - Item V K.3. PLANNING ITEM # 58328 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 -44 - Item V -K. 4. PLANNING ITEM # 58329 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of COLUMBUS TOWER BLOCK 5-A2 ASSOCIATES, L.L.0 for a Conditional Use Permit re mix -used at Town Center to be used as a college "Art Institute of Virginia Beach" at 4500 Main Street. ORDINANCE UPON APPLICATION OF COLUMBUS TOWER BLOCK 5-A2 ASSOCIATES, L.L.C. CONDITIONAL USE PERMIT, PUBLIC OR PRIVATE COLLEGE OR UNIVERSITY R011835308 BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of COLUMBUS TOWER BLOCK 5-A2 ASSOCIATES, L.L.C. Conditional Use Permit, public or private college or university, 4500 Main Street. GPIN: 14775488980000 LYNNHA VEN DISTRICT The applicant proposes post -secondary and graduate educational or training programs consisting of associates, bachelors, masters and doctorate degrees in culinary arts, industrial design, graphic arts, computer animation and multimedia design. The hours of operation will be 7:00 AM to 10:00 PM, Monday through Saturday, and 11:00 AM to 6:00 PM Sundays. Anticipated enrollment will ultimately reach 516 students, and 42 staff will be employed. The applicant does not anticipate more than 250 students and employees on-site at any given time. Adequate parking within Town Center is available for this use. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second of December Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 -45 - Item V -K.5. PLANNING ITEM # 58330 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED Ordinance upon application of RICHMOND 20 MHZ, LLC d/b/a NTELOS, for a Conditional Use Permit re a communication tower at 4221 Pleasant Valley Road ORDINANCE UPON APPLICATION OF RICHMOND 20 MHZ, LLC D/B/A/ NTELOS, FOR A CONDITIONAL USE PERMIT, COMMUNICATION TOWER, 4221 PLEASANT VALLEY ROAD. RO11835309 BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH VIRGINIA Ordinance upon application of RICHMOND 20 MHZ LLC D/B/A/ NTELOS, for a Conditional Use Permit, communication tower, 4221 Pleasant Valley Road. GPIN:1475047711000 DISTRICT 2 KEMPSVILLE DISTRICT The following conditions shall be required: 1. The communication tower shall be constructed as a stealth tower with internal antennas as substantially as shown on the site plans entitled, "Telecommunications Facility, Carriage Mill (NR -5433), 4221 Pleasant Valley Road, " prepared by JMT, dated 06/22/08. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower shall not exceed one hundred thirty-two (132) feet in height (AGL). 3. As provided by Section 221(i) of the City Zoning Ordinance (CZO), the setback requirement and the landscaping and screening requirements for the tower are modified to the minimum setback offorty (40) feet and screening shown on the plans referenced in Condition 1 above. 4. In the event interference with any City emergency communications facilities results from the use of this tower and antennas, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 5. As required by Section 232(i)(4) of the City Zoning Ordinance (CZO), should the antennas cease to be used for a period of more than one (1) year, the applicant shall remove the tower, antennas and related equipment from the property. 6. No signs indicating the location of this facility are allowed. 7. The lease area, as depicted on the survey entitled, "Telecommunications Facility, Carriage Mill (NR -5433), 4221 Pleasant Valley Road;" prepared by JMT, dated 06/22/08, shall be surrounded by a solid fence, including the gate, with a minimum height of six (6) feet. Chain link or barbed wire shall not be permitted. December 2, 2008 - 46 - Item V -K. 5. PLANNING ITEM # 58330 (Continued) 8. A structural report stating that this design can indeed accommodate up to three (3) wireless carriers shall be submitted for review during the final site plan review process. Said report must be deemed acceptable prior to issuance of a building permit. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second of December Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 1 -47- Item V -K. 6. PLANNING ITEM # 58331 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application, 1000 N. GREAT NECK ROAD, LLC (Virginia Beach Christian Life Center) for Modification of Conditions re expansion of parking lot at 1000 North Great Neck Road ORDINANCE UPON APPLICATION OF 1000 NORTH GREAT NECK ROAD, L.L.C. MODIFICATION OF CONDITIONS, APPROVED BY CITY COUNCIL ON OCTOBER 14, 2003 (VIRGINIA BEACH CHRISTIAN LIFE CENTER) BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of 1000 NORTH GREAT NECK ROAD, L.L.C. Modification of Conditions, approved by City Council on October 14, 2003 (Virginia Beach Christian Life Center) to allow expansion of the existing parking lot, 1000 North. Great Neck Road. GPIN:24081377690000 DISTRICT 5 - LYNNHAVEN DISTRICT The following conditions shall be required: 1. All conditions, with the exception of Number 1, attached to the Conditional Use Permit granted by the City Council on October 14, 2003, remain in affect. 2. Condition Number 1 of the October 14, 2003, Conditional Use Permit is deleted and replaced with the following: The site shall be developed in accordance with the submitted plans, titled "WAVE CHURCH; Great Neck Road; Virginia Beach, Virginia, SITE PLAN", prepared by Tymoff & Moss Architects, dated June 26, 2008. Said plans have been exhibited to the City Council and are on file with the Planning Department. The following exception to the Plan shall apply: 3. The following shall be considered an additional condition of the October 14, 2003, Use Permit: Provide a reservation of five (5) feet along North Great Neck Road for the ultimate right- of-way of one hundred twenty (120) feet, in accordance with the Master Transportation Plan Amended 10/12/04. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second of December Two Thousand Eight December 2, 2008 -48 - Item V -K.6. PLANNING ITEM # 58331 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Councilman Wood DISCLOSED prior personal interest re K.6 Application of 1000 North Great Neck Road, LLC (Virginia Beach Christian Life Center) for a Modification of Conditions. Several years ago, a business in which he had a personal interest sold to the applicant land for the parking lot that is the subject of the application. Although, he has no current personal interest in the applicant or the land, Councilman Wood wished to DISCLOSE and record this declaration in the official records of City Council.. December 2, 2008 JAMES L. WOOD COUNCILMAN - DISTRICT 5 - LYNNHAVEN Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 City of Vires; inia 1 teach December 2, 2008 Re: Disclosure of Prior Personal Interest Dear Mrs. Fraser: PHONE: (757) 340-8411 FAX: (757) 340-2082 1. I am executing this written disclosure regarding City Council's discussion and vote on the application of 1000 N. Great Neck Road, L.L.C. for a Modification of Conditions to allow expansion of an existing parking lot located at 1000 North Great Neck Road. 2. Several years ago, a business in which I had a personal interest sold to the applicant land for the parking lot that is the subject of the application. 3. I have no current personal interest in the applicant or the land. 4. Although the City Attorney has advised me that the State and Local Government Conflict of Interests Act provides that I do not have a personal interest in Council's consideration of this application, I nevertheless wish to disclose this prior interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. JLW/RRI ncerely, es . Wood ouncilmember 3778 PRINCE ANDREW LANE, VIRGINIA BEACH, VA 23452 1 - 49 - Item V -K 7 PLANNING ITEM # 58332 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of JOYNT ENTERPRISES, INC., t/a PEMBROKE SUZUKI re Modification of Conditions No. 4 and 5 re auto sales/service at 4753 Virginia Beach Boulevard. ORDINANCE UPON APPLICATION OF JOYNT ENTERPRISES, INC. T/A PEMBROKE SUZUKI, MODIFICATION OF A CONDITIONAL USE PERMIT , AUTO SALES AND SERVICE, 4753 VIRGINIA BEACH BOULEVARD BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of JOYNT ENTERPRISES, INC. T/A PEMBROKE SUZUKI, Modification of a Conditional Use Permit , auto sales and service, 4753 Virginia Beach Boulevard (GPIN 1477350086)d DISTRICT 2 - . KEMPSVILLE DISTRICT The following conditions shall be required 1. All conditions, with the exception of Number 4 and Number 5, attached to the modified Conditional Use Permit granted by the City Council on August 14, 2001, remain in affect. 2. Condition Number 4 and Number 5 of the August 14, 2001, Conditional Use Permit are deleted and replaced with the following: 4. The site shall be developed in substantial conformance with the submitted site plan entitled "Concept Plan; Pembroke Suzuki", prepared by Gallup Surveyors & Engineers, LTD., and dated September 2, 2008, with the exception of the proposed signage and additional street frontage landscaping. Said plan has been exhibited to the City Council and is on file with the Planning Department. 5. The proposed building modifications shall be constructed substantially in accordance with the submitted elevations. Said elevations have been exhibited to the City Council and are on file with the Planning Department. 6. Any existing or new freestanding signs shall not exceed a height of fifteen (15) feet and seventy-five (75) square feet per face. 7. The parking lot shall be striped in accordance with the approved plan. Vehicles shall be parked in the designated areas and no vehicles shall be parked within any portion of the public right-of-way. Vehicles shall not be displayed on raised platforms. 8. The applicant shall provide to the Planning Department / Current Planning a plan for landscaping along the right-of-ways for review and approval. December 2, 2008 1 - 50 - Item V -K 7 PLANNING ITEM # 58332 (Continued) 9. No advertising banners, streamers, balloons, pennants or similar devices shall be permitted on any vehicles or the site. There shall be no signs in excess of four (4) square feet installed or displayed on the exterior or interior of the windows of the building. 10. The existing entrances to the site located closest to the intersection of Virginia Beach Boulevard and Kellam Road shall be closed. The applicant shall work with the Planning Department / Current Planning and Public Works / Traffic Engineering staffs to determine an adequate means of closure. This Ordinance shall be effective in accordance with Section 107 (9 of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second of December Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 - 51 - Item V -K.8. PLANNING ITEM # 58333 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application re NEAL REED Modification of Conditions re a convenience store at 798 Lynnhaven Parkway ORDINANCE UPON APPLICATION OF NEAL REED MODIFICATION OF CONDITIONS, APPROVED BY CITY COUNCIL ON JULY 12, 1982, 798 L YNNHA VEN PARKWAY. BE IT HEREBY ORDAINED BY THE COUNCL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEAL REED Modification of Conditions, approved by City Council on July 12, 1982, 798 Lynnhaven Parkway. Gpin: 14773500860000 DISTRICT 6 - BEACH DISTRICT The following conditions shall be required: 1. The site shall be redeveloped in accordance with the submitted "Preliminary Site Plan of Convenience Store Addition, 798 Lynnhaven Parkway & Lishelle Place, Virginia Beach, Virginia ", dated October 15, 2008, and prepared by Land Design and Development, Inc. Minor adjustments to the site layout due to the Lynnhaven Parkway CIP project may be approved by the Planning Director. Said plan has been exhibited to the City Council and is on file on the Planning Department. 2. The proposed convenience store and canopy shall be constructed substantially in accordance with the submitted floor plan and elevations entitled "Reed Enterprises Convenience Store, Lynnhaven Parkway & Lishelle Place, Virginia Beach, Virginia ", dated September 9, 2008, and prepared by Neil E. Bristow Architect. Said plan has been exhibited to the City Council and is on file on the Planning Department. 3. The dumpster enclosure shall be enclosed with a solid brick wall to match the building and landscaping in accordance with Section 245(e) of the Zoning Ordinance. 4. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan review. Said plan shall include the location of all pole - mounted and building -mounted lighting fixtures and the listing of lamp type, wattage and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standards recommended by the Illumination Engineering Society of North America. The plan shall include provisions for implementing low-level security lighting for non -business hours. December 2, 2008 1 -52- Item V -K.8. PLANNING ITEM # 58333 (Continued) 5. Signage for the site shall be limited to: a. Traffic control signs b. One monument -style freestanding sign, no more than eight (8) feet in height, set on a three -(3) foot brick base to match the brick of the building c, Two building or canopy signs d. No signage in excess of a total of four (4) square feet of the glass area of the building shall be permitted e. There shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and / or doors, canopy, light poles or any other portion of the site 6. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of-way in accordance with Section 246(d) of the Comprehensive Zoning Ordinance (CZO). 7. No outdoor vending machines and / or display of merchandise shall be allowed. This Ordinance shall be effective in accordance with Section 107 (1) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Second of December Two Thousand Eight Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 1 - 53 - Item V-K.9.a/b PLANNING ITEM # 58333 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Applications of the City of Virginia Beach: a. Ordinance to AMEND the Comprehensive Plan and ADOPT/ADD the Resort Area Strategic Action Plan as an Appendix. b. Ordinance to AMEND §211 of the City Zoning Ordinance (CZO) re certain temporary signs in all Zoning Districts. Voting: 10-1 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None December 2, 2008 1 1 AN ORDINANCE TO AMEND THE COMPREHENSIVE 2 PLAN BY INCORPORATING THE RESORT AREA 3 STRATEGIC ACTION PLAN AS AN APPENDIX 4 5 WHEREAS, the public necessity, convenience, general welfare and good zoning 6 practice so require; 7 8 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 9 VIRGINIA BEACH, VIRGINIA: 10 11 That the Comprehensive Plan of the City of Virginia Beach be, and hereby is, 12 amended and reordained by the addition of that certain document entitled "Resort Area 13 Strategic Action Pian" as an Appendix. Such document is made a part hereof, having 14 been exhibited to City Council and is on file in the Department of Planning. 15 16 17 Adopted by the Council of the City of Virginia Beach, Virginia, on this 2nd day of 18 December, 2008. 1 1 AN ORDINANCE TO AMEND SECTION 211 OF THE 2 CITY ZONING ORDINANCE BY ALLOWING CERTAIN 3 TEMPORARY SIGNS IN ALL ZONING DISTRICTS 4 5 Section Amended: City Zoning Ordinance § 211 6 7 8 WHEREAS the public necessity, convenience, general welfare and good zoning 9 practice so requires: 10 11 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 14 That the City Zoning Ordinance is hereby amended and reordained by the 15 amendment of Section 211, to read as follows: 16 17 18 Sec. 211. Signs permitted in all districts. 19 20 The following types of signs are exempted from all of the provisions of this 21 ordinance, except for illumination, construction, and safety regulations and the following 22 standards: 23 24 (a) Public signs. Signs of a noncommercial nature and in the interest of, 25 erected by or on the order of, a public officer in the performance of his public duty, such 26 as directional signs, regulatory signs, warning signs, and informational signs. 27 28 (b) Temporary signs. 29 30 (1) Temporary signs announcing any public, charitable, educational, 31 religious or other noncommercial event or function, located entirely 32 upon the property on which such event or function is held and set 33 back no less than seven (7) feet from the property line, and having 34 a maximum sign area of thirty-two (32) square feet. Such signs 35 shall be allowed no more than thirty (30) days prior to the event or 36 function and must be removed within seven (7) days after the event 37 or function. Such signs may be illuminated in accordance with the 38 restrictions set forth in section 213 hereof. If building -mounted, 39 such signs shall be flat wall signs and shall not project above the 40 roofline. If freestanding, the height of any such sign shall be no 41 more than twelve (12) feet above ground level. 42 43 (2) Temporary signs of a commercial nature announcing grand 44 openings or other special events or promotions, subject to the 45 limitations as to size, height and location set forth in subdivision (1) 46 hereof. Such signs shall be displayed no more than three (3) times 1 47 per year by any business or establishment, nor for any period in 48 excess of seven (7) days. 49 50 (3) Temporary signs displayed upon balloons, subject to the 51 requirements of subdivisions (1) and (2) hereof, provided, however, 52 that balloons displaying such signs may, if affixed to the roof of a 53 building or structure, project no more than thirty (30) feet above the 54 roofline or, if affixed to the ground, have a height not exceeding 55 thirty (30) feet from ground level. Such signs shall not exceed 56 seventy-five (75) square feet in surface area. 57 58 (4) Temporary signs giving notice of civic leagues' or property owners 59 associations' meetings or events, provided that such signs shall be 60 located on property owned by the civic league or property owners 61 association holding the meeting or event and shall be no greater 62 than thirty-two (32) square feet in area. No more than one (1) such 63 sign shall be permitted at each entrance to the neighborhood or 64 subdivision represented by the civic league or property owners' 65 association. Such signs shall be in place for no more than fourteen 66 (14) days before the meeting or event of which the sign gives 67 notice or three (3) days after the meeting or event has been held. 68 Such signs may be illuminated in accordance with the restrictions 69 set forth in Section 213. 70 71 •••• 72 73 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of 74 December, 2008. 2 1 - 54 - Item V-K.9.c. PLANNING ITEM # 58334 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Application of the City of Virginia Beach: c. Ordinance to AMEND §203 of the City Zoning Ordinance (CZO) re parking requirements in B -3A (Pembroke Central Business Core District) and B -4C (Central Business Mixed Use District). Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 1 AN ORDINANCE TO AMEND SECTION 203 OF THE CITY 2 ZONING ORDINANCE PERTAINING TO PARKING 3 REQUIREMENTS IN THE B-3A PEMBROKE CENTRAL 4 BUSINESS CORE DISTRICT AND THE B-4C CENTRAL 5 BUSINESS MIXED USE DISTRICT 6 7 WHEREAS the public necessity, convenience, general welfare and good zoning 8 practice so requires: 9 10 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 11 VIRGINIA: 12 13 That the City Zoning Ordinance is hereby amended and reordained by the 14 amendment of Section 203, pertaining to parking requirements in the B-3A and B-4C 15 zoning districts, to read as follows: 16 17 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE TO 18 ALL DISTRICTS 19 20 A. REGULATIONS RELATING TO LOTS, YARDS, HEIGHTS, OFF-STREET 21 PARKING AND OFF-STREET LOADING 22 .... 23 24 Sec. 203. Off-street parking requirements. 25 26 .... 27 28 (g) Parking requirements in the 8-3A Pembroke Central Business Core and 29 8-4C Central Business Mixed Use Districts. Notwithstanding any contrary provision of 30 this section, within the B-3A Pembroke Central Business Core District, parking 31 requirements shall be determined in accordance with a parking analysis prepared by a 32 licensed professional engineer. Such analysis shall contain, at a minimum, the current 33 parking utilization, parking demands based upon current land uses, a determination of a 34 surplus or shortage of parking, and the impact of the proposed development. The 35 planning director shall determine the adequacy of the analysis. Within the and B-4C 36 Central Business Mixed Use District, there shall be provided for nonresidential uses, 37 except hotels and uses accessory to hotels, no fewer than three (3) spaces per one 38 thousand (1,000) square feet of gross floor area, and for residential uses no fewer than 39 one and seven-tenths (1.7) spaces per dwelling unit. Parking requirements for hotels 40 and uses accessory to hotels shall be as specified in subsection (a). 41 42 (h) Same; shared parking. Notwithstanding anything in this ordinance to the 43 contrary, required off-street parking for any use located on property within the B-3A 44 Pembroke Central Business Core District or B-4C Central Business Mixed Use District 45 may be made available for use by the general public as well as by the customers or 46 patrons of such use; provided, however, that in the B-4C Central Business Mixed Use 47 District, no parking space shall be used to satisfy the parking requirement of more than 48 one (1) establishment. The required number and dimensions of parking spaces shall be 49 50 51 I as specified in this section, 52 (i) Public parking in the 8-3A Pembroke Central Business Core and 8-4C 53 Central Business Mixed Use Districts. Parking requirements for uses within the B -3A 54 Pembroke Central Business Core District or B -4C Central Business Mixed Use District 55 may be satisfied by any one, or a combination of, the following: 56 57 (1) On-site parking; 58 (2) Off-site parking facilities, as set forth in section 901 of this 59 ordinance; or 60 (3) Public parking, if the Planning Director determines (i) that there is at 61 least a sufficient number of public parking spaces located within the 62 same development phase of the B 3A District or B'IG District as 63 the proposed use to meet public parking demands; (ii) that for uses 64 in the B -4C Central Business Mixed Use District, such public 65 parking spaces are not used to satisfy the parking requirements of 66 any other use, and (iii) that the use of such public parking spaces to 67 satisfy the parking requirements of the proposed use, either wholly 68 or partially, is warranted in light of the following considerations: 69 70 A. The extent to which the proposed use advances the goals 71 and objectives of the B -3A Pembroke Central Business Core 72 District or B -4C Central Business Mixed Use District, as the 73 case may be, as stated in section 900 of the City Zoning 74 Ordinance; 75 76 B. The extent to which the proposed use conforms to the Urban 77 Design Plan component of the Virginia Beach Central 78 Business District Master Pian if such proposed use is within 79 the B -3A Pembroke Central Business Core District or, if the 80 proposed use is within the B -4C Central Business Mixed Use 81 District, the extent to which it conforms to the Mixed Use 82 Development Guidelines; and 83 84 C. The amount of the projected tax revenue to be generated by 85 the proposed use and improvements. 86 87 88 . 89 Adopted by the Council of the City of Virginia Beach, Virginia, on the 2nd day of December, 2008. 2 -55 - Item V -K 9 d. PLANNING ITEM # 58335 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED INDEFINITEL Application of the City of Virginia Beach: d. Ordinance to AMEND §4.1 of Appendix B, Subdivision Regulations, re DELETION of minimum right-of-way width and minimum paved width for minor Subdivision streets (deferred from November 25, 2008) Voting: 11-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 I -56- Item V -L. APPOINTMENTS ITEM # 58336 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: COMMUNITY SERVICES BOARD MILITARY ECONOMIC DEVELOPMENT ADVISORY COMMITTEE TIDEWATER REGIONAL GROUP HOME COMMISSION December 2, 2008 - 57 - Item V -L.1. APPOINTMENTS ITEM # 58337 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Kristen Myers Unexpired thru 8/31/11 PARKS AND RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None December 2, 2008 - 58 - Item V.O. ADJOURNMENT ITEM # 58338 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:00 P.M. &Y/0J�� Beverly O. Hooks, CMC Chief Deputy City Clerk uth Hodges Fraser, MMC Louis R. Jones Vice Mayor Meyera E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia The Public Comment re Non Agenda Item adjourned at 8:04 P.M. December 2, 2001 - 58 - Item V.O. ADJOURNMENT ITEM # 58338 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 8:00 P.M. Beverly O. Hooks, CMC Chief Deputy City Clerk mouth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia Louis R. Jones Vice Mayor Meyera E.(Jiberndorf Mayor The Public Comment re Non Agenda Item adjourned at 8:04 P.M. December 2, 2001 - 59 - The Public Comment re Non Agenda Item adjourned at 8:04 P.M. PUBLIC COMMENT Grace Moran, 2225 Roanoke Avenue, Phone: 318-9224, resident of Ocean Park, expressed appreciation to the City Council for their decision not to locate a dredge spoil transfer site at the Lynnhaven Boat Ramp. Over a year ago, Mrs. Moran had requested City Council reconsider the proposal to locate the transfer site at the Lynnhaven Boat Ramp. Mrs. Moran recognized two (2) members of City Staff, Nancy L. Bloom, Freedom of Information Specialist, expended countless hours preparing the data and David Hansen, Deputy City Manager, who listened to their concerns. December 2, 2008