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JUNE 22, 2010 MINUTESCITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR W/LLIAM D. SESSOMS, JR., At-Large V'/CF MAYOR LOl!1S R../ONES, Baysrde -District ~! RITA SWEET BFL/.1770, At-Large G/.IiNN R. DAMS, Rore Hall -District 3 N~IL/.IAMR. DeS77iPH, At-Large HARRY F. D/F.7_FI , KempsvHle -District 2 RORIsRT M DYhR Centerville -Distne( l RARRARA M. HEN/,liY, Princes:c Anne District 7 JOHN li. UHRIN, Beach Distne/ h ROSEMARY Wl/.SON, A(-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL APPOINTEES CITY MANAGER JAMES K. SPORE c/TYAT7~RNFr MARK D. srrLFS CITY COUNCIL AGENDA CITYAS;tiF.SSOR Jl:RA7.DBANAGAN C7TYA1/UITOR /,YNDONS Rh,'MIAS ' ' 2Z JUNE ZOI O C/7 Y CI.h,RK RC%7 H HODGES ERASER, MMC CITY MANAGER'S BRIEFINGS: -Conference Room- A. HEALTH CARE 2011 Susan D. Walston, Deputy City Manager Ken Jeffries, Mercer Linda Matkins, Consolidated Benefits Administrator 'i ~ / i ~ ?_ s 1q \,__ EV S S 6 Op OUR MI.t~O~ CITYHALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757J 385-4303 FAX (757J 385-5669 E- MAIL: Ctycncl@vbgov. com 1:30 PM B. INTERFACILITY TRAFFIC AREA (ITA) Paul Ostergaard, AIA, Managing Principal/Senior Vice President - Urban Design Associates C. COMMUNITY SERVICES and SOCIAL SERVICES BOARDS ANNUAL REPORTS TO CITY COUNCIL Robert Morin, Director -Human Services Diana Ruchelman, Chair -Community Services Board Robert Beardsworth, PhD, Chair -Social Services Board D. ANIMAL SHELTER COOPERATIVE AGREEMENT David Hansen, Deputy City Manager E. INTERIM FINANCIAL STATEMENT Patricia Phillips, Director -Finance F. MUNICIPAL GOLF MANAGEMENT Cindy Curtis, Director -Parks and Recreation Jim Keegan, Golf Convergence, Inc., Operating Principal II. CITY COUNCIL COMMENTS III. CITY COUNCIL AGENDA REVIEW ~~ IV. INFORMAL SESSION -Conference Room - 4:30 PM A. CALL TO ORDER -Mayor William D. Sessoms, Jr. B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION V. FORMAL SESSION -City Council Chamber - A. CALL TO ORDER -Mayor William D. Sessoms, Jr. 6:00 PM II B. INVOCATION: Reverend Thomas Powell Calvary Chapel of Virginia Beach C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL and FORMAL SESSIONS June 8, 2010 G. FORMAL SESSION AGENDA H. PUBLIC HEARING 1. INSTALLMENT PURCHASE AGREEMENT Acquisition of Agricultural Land Preservation (ARP) Easements 500 Block of Blackwater Road I. CONSENT AGENDA ORDINANCES/RESOLUTION Ordinances to AMEND the City Code: a. §23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass DEFERRED January 26, 2010 February 23, 2010 March 23, 2010 Apri127, 2010 b. §23-50.1 re penalty for failure to comply in the removal of certain trees DEFERRED January 26, 2010 February 23, 2010 March 23, 2010 Apri127, 2010 c. Chapter 4, Article II, re Dance Halls and Teenage Events d. REPEAL Section 2-285 re Consumer Protection Division of the Commonwealth Attorney's Office; and, AMEND Sections 32-17, 32-18, 32-26, 32-27 and 32-29 for Out of Business Sales 2. Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council and the School Board and AUTHORIZE Mayor Sessoms to execute said Agreement for FY 2011 3. Resolution making a Public Purpose Determination under the PPEA to AUTHORIZE the City Manager to execute a Comprehensive Agreement with Armada Hoffler for the design, construction and outfitting of the Adoption-Friendly Animal Shelter with a start date of July 1, 2010 4. Ordinance to AUTHORIZE the City Manager to execute: a. Term Sheet--First Amendment to a Deed of Lease with the Virginia Beach Development Authority (VBDA) and Thirty-First Street, L.C. b. Amendment to the Amended and Restated Development Agreement re the Second Hotel and additional parking spaces 5. Ordinance to AUTHORIZE the City Manager to execute a second Amendment to the Purchase Agreement with Tailwind Development Group, L L.C. re the proposed sale of City-owned property at Princess Anne Road and South Independence Boulevard DISTRICT 3 -ROSE HALL 6. Ordinance to AMEND and REORDAIN the APZ-1/Clear Zone use and Acquisition Plan to include all privately owned property in the Clear Zones and reflect the APZ- 1/Clear Zone Master Plan designation Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Barry D. and Paula W. Knight in the amount of $171,654 in the 5000 Block of Blackwater Road. DISTRICT 7 -PRINCESS ANNE Ordinance to AUTHORIZE the acceptance of the dedication of four (4) permanent drainage easements in the Lakeview Park and Bradford Park Subdivisions 9. Ordinance to AWARD a Communication Tower Lease Agreement to New Cingular Wireless PCS, LLC at 1900 Sandbridge Road (Red Mill Farms Park) re constructing, maintaining and operating wireless telecommunication facilities and AUTHORIZE the City Manager to execute said Lease. 10. Ordinance to grant Emergency Medical Services permits from July 1, 2010, until June 30, 2011 to: a. American Lifeline Medical Transport, Inc. b. Children's Hospital of the King's Daughters Transport Team c. Eastern Shore Ambulance d. Medical Transport, L.L.C. e. Mid-Atlantic Regional Ambulance, Inc. £ Nightingale Regional Air Ambulance g. Special Event Providers of Emergency Medicine 11. Ordinance to APPOINT three (3) Viewers, each for aone-year (1) term, beginning July 1, 2010, re the closure of streets and allies: a. Director of Planning b. Director of Public Works c. Director of Parks and Recreation 12. Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way for Christopher G. and Terry A. Beale to maintain an existing deck and bulkhead at Blueberry Road adjacent to 2016 Blueberry Road DISTRICT 5 - LYIVNHAVEN 13. Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way for Aqua Investment Associates, L.P. to construct and maintain a laminated glass entrance canopy, realign and add a water fountain, a raised 3-foot (3') concrete planter box and additional low-level landscaping to an existing landscaped medium and make improvements to existing curbing and brick pavers within the right-of- way at 39`~ Street and Atlantic Avenue DISTRICT 6 -BEACH 14. Ordinance to AMEND the FY 2010-11 Operating Budget of Housing and Neighborhood Preservation and INCREASE the authorization for a Section 108 Loan from the Federal Government 15. Ordinances to ACCEPT and APPROPRIATE: a. $160,664 from the Virginia Department of Agriculture and Consumer Services to the FY 2009-10 Agriculture Operating Budget to partially reimburse the City for the acquisition of a preservation easement. b. $104,999 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2009-10 Human Services Operating Budget for therapeutic services to infants and toddlers c. $12,000 from the Third Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception to the Virginia Beach Education Foundation, Hope House Foundation and Growsmart re Ready to Learn K. 16. Ordinance to APPROPRIATE $10,106 from donations, sale of salvage equipment and cost recovery to the Fire Hazardous Materials Team 17. Ordinance to TRANSFER $664,651 within the FY 2010-11 School Operating Budget PLANNING Application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. DISTRICT 3 -ROSE HALL DEFERRED RECOMMENDATION JUNE 8, 2010 APPROVAL 2. Application of RORY CLIFF and MICHELE M. CARTER for a Conditional Use Permit re a residential kennel at 1548 Nanneys Creek Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL Application of NEW OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re a new social hall, kitchen area, classrooms, conference room main lobby and additional restrooms at 3200 Head River Road. DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 4. Application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re incorporating recently purchased property at 4309 Blackwater Road into their existing church site for church-related outdoor activities. DISTRICT 4 - BAYSIDE DEFERRED RECOMMENDATION APRIL 27, 2010 APPROVAL 5. Application of CINGULAR WIRELESS for a Conditional Use Permit re a communication tower at 4021 Charity Neck Road DISTRICT 7 -PRINCESS ANNE RECOMMENDATION APPROVAL 6. Ordinance to AMEND Sections 111 and 212 of the City Zoning Ordinance (CZO) defining the term "Electronic Display Sign" and prohibiting such signs in all Zoning Districts. RECOMMENDATION PLANNING COMMISSION RECOMMENDS APPROVAL OF THE PLANNING COMMISSION RECOMMENDATION VERSION L. APPOINTMENTS CHESAPEAKE BAY ALCOHOL SAFETY ACTION HUMAN RIGHTS COMMISSION PARKS and RECREATION COMMISSION M. UNFINISHED BUSINESS 1. ABSTRACT OF VOTES -House of Representatives, 2"d District -June 8, 2010 N. NEW BUSINESS O. ADJOURNMENT If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Agenda 06/22/2010gw w~ww.vbgov.com -1- ,~, - ~~, m°° o ~, %rsd~ ~e; _ "~, S ~F OUR NPT~~M MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June 22, 2010 Mayor William D. Sessoms, Jr., called to order the CITY MANAGER'S BRIEFING to present the HEALTH CARE 2011 in the City Council Conference Room, Tuesday, June 22, 2010, at 1: 30 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Cozzncil Members Absent.• Norte June 22, 2010 -2- CITY MANAGER `S BRIEFING HEALTH CARE 2011 ITEM # 60050 Susan D. Walston, Deputy City Manager, introduced Ken Jeffries- Principal -Mercer Health and Benefits LLC and Linda Matkins, Consolidated Benefits Administrator. She then presented information re HEALTH CARE ZOII. Agenda • 2009 Results and 2010 Projections • Health Care Reform • 2011 Discussion • Next Steps 2009 Results / 2010 Projections 2009 Results Plan Enrollment = I4, 790 Employer Contribution = $5,400 per employee Cost Trend = 5.0% (National Trend S.S%) 2010 Projections Preliminary Cost Trend = 7.0% (National Trend 6%-9%) - Retiree enrollment growth outpacing active employee membership - Medical costs continue to increase while employee cost sharing (deductible and copays) remain unchanged - Historical claims trend (shown on next slide) Health plan claims cost trend ~ ~.- ~- -~ • Forecast of 2010 trend: 7.0% (midpoint of trend estimate range) VA BEACH HISTORICAL AND PROJECTED TOTAL INCURRED CLAIMS PEPM C asw two ~',I EaSO I I t; ~,I ;i,,;~ i ~; r `~ I~ ' I l Y/ Saao 4II EJ50 :~ D SJ00 • IY -.-PEOM Note: PEPM =Per Employee Per Month 9.0% frond 7.0% trend 5.0°lo trend June 22, 2010 -3- CITY MANAGER `S BRIEFING HEALTH CARE 2011 ITEM # 60050 (Continued) Health Reform -January 2011 Mental Health Parity Act (MHPA) Parity between Mental Health and Medical Services Requires Health plans with financial requirements and treatment limitations for Mental Health services to be no more restrictive than that provided for Medical services Optima Health is currently evaluating the current plan of benefits to determine if the plan is in compliance. Mercer will perform the financial calculations necessary to confirm compliance Health Reform -January 2011 Patient Protection and Affordable Care Act (PPACA)-continued • Prohibits lifetime limits (estimated annual cost: $300,000, or 0.3%, in 2011) • Restricts annual limits on "essential" health services (essential services has yet to be defined) • Allows coverage for adult children (without regard to marriage status, student status, or financial support) up to age 26 (end of month dependent turns 26) unless child is eligible for another employer's plan (estimated annual cost: $700,000, or 0.7%, in 2011) • Restricts "over the counter" medication reimbursement from FSA, HRA, or HSA ,unless prescription provided • No cost sharing for preventive services (our plans already cover I00%) • W-2 reporting for calendar year 2011 of employee sponsored health (including FSA, HRA, HSA) coverage • Auto enrollment of full time employees (employers with 200 or more employees must auto enroll employees into lowest cost plan); final date TBD when the Department . of Labor issues regulations • Early Retiree Medical reinsurance (potential reimbursement -TBD) Health Reform -January 2012 Patient Protection and Affordable Care Act (PPACA)-continued • Employers must distribute uniform benefit summaries to participants • Employers must provide sixty (60)-day advance notice of material modifications to the Plan Health Reform -January 2013 Patient Protection and Affordable Care Act (PPACA)-continued • Reduces Medical Flexible Spending account to $2,500, down from $5,000 annually per employee June 22, 2010 -4- CITY MANAGER `S BRIEFING HEALTH CARE 2011 ITEM # 60050 (Continued) Health Reform -January 2014 Patient Protection and Affordable Care Act (PPACA)-continued • Prohibits use of all annual limits, regardless if "essential" • Individual mandated health coverage for employees working thirty (30) hours or more per week (same coverage as full time employee) • Penalties to employer if full-time employee income <400% Federal Poverty Level (FPL) and premium cost is more than 9.5% of income. Employee can choose to enter the Health Insurance Exchange • Free-Choice Vouchers for any employee (part-time orfull-time). If employee income <400% of FPL and premium cost of coverage is between 8% and 9.8%, employer must provide subsidy if employee chooses to buy coverage on the Health Insurance Exchange • No penalties or costs for employees enrolling in Medicaid Health Reform -January 2018 Patient Protection and Affordable Care Act (PPACA)-continued • Imposes Excise Tax on individual plans costing $10,200 individuaU$27,500 family (excluding dental and vision, but including FSA, HRA, HSA). Retirees $11,850 individuaU$30,950farnily 2011 Plan Year Scenarios Scenario 1-Status Quo Scenario 2 -Plan Design changes to eliminate need for premium increases Scenario 3 - S% Premium Reduction for select dependent tiers Scenario 4 -10% Premium Reduction for select dependent tiers ~:• All scenarios assume 2011 mandated Plan changes as a result if PPACA are made 2011 Plan Year -Status Quo Status Quo (No Premium Changes, No Plan Design Changes) Pros: - No increase to employee health premiums - Utilizes budgeted employer contribution Cons: - Premiums may vary more in the future when set at full projected costs - Employer (ER) contributions and Employee (EE) payments do not cover Plan expenses - Slight adverse impact to GASB payment ($0.2-Million, or 1.6%) Results is a $4.2 Million deficit for Plan Year 2011 June 22, 2010 -5- CITY MANAGER `S BRIEFING HEALTH CARE 2011 ITEM # 60050 (Continued) 2011 Plan Year -Plan Design Changes Proposed Plan Design Changes: - Increase deductible from $I00/$200 to $250/$500 - Increase ER co pay and deductible to $1 SO then 80% coinsurance - Increase inpatient co pay to $350 per admit from $250 - Increase out-of-pocket max from $1,500/$3,000 to $2,000/$4,000 Pros: - No increase to employee health premiums - Utilizes budgeted employer contribution - Mitigates additional cost share as medical trend increases - ER contributions and EE payment cover plan expenses - Favorable impact to GASB liability (reduction by $0.2 million, or 2.5%) Cons: - Premiums may vary more in the future when set at full projected costs - EE pays greater cost share at time of service Result in a break even for Plan Year 2011 2011 Plan Year - S% Premium Reduction Premium Reduction of S% for Employee + Children, Employee +Spouse, and Family Pros: - No increase to employee only and employee and child health tiers; premium decrease to all other tiers - Plan more affordable to employees with dependents - Utilizes budgeted employer contribution Cons: - Premiums may vary more in the future when set at full projected costs - Moderate increase to GASB liability ($0.3-Million, or 3.3%) - Significant decrease to dependent tier premiums may increase enrollment in those tiers, especially with health reform increasing dependent age - Contributions do not cover Plan expenses Results in a $4.8-Million deficit for Plan Year 2011 2011 Plan Year -10% Premium Reduction Premium Reduction of 10% for Employee + Children, Employee +Spouse, and Family Pros: - No increase to employee only and employee and child health tiers; premium decrease to all other tiers - Plan more affordable to employees with dependents - Utilizes budgeted employer contribution Cons: - Premiums may vary more in the future when set at full projected costs - Significant increase to GASB liability ($0.4-Million, or 5.0%) - Significant decrease to dependent tier premiums may increase enrollment in those tiers, especially with health reform increasing dependent age - Contributions do not cover Plan expenses Results in a $5.5-Million deficit for Plan Year 2011 June 22, 2010 -6- CITY MANAGER `S BRIEFING HEALTH CARE 2011 ITEM # 60050 (Continued) Health Fund Status and Projection Assumptions • Utilized Fund balance as of June 30, 2009 as the basis for the projection • Estimated margins for 2009 and 2010 • Estimated Medical trend 8%, with the exception of 2014 when Health Care Reform increases the trend to 12% • No change in Plan designs • Estimated City/School contributions to remain flat in 2011, increase S%, 22% and l5% in 2012, 2013 & 2014, respectively • Employee contributions flat in 2011 and increase IS%, 22% and IS% in 2012, 2013 and 2014, respectively • GASB-45 payment from the Health Fund to remain `fully funded" continues at approximately $8 Million through 20l S • No increased enrollment in the Plan Charts were displayed exemplifying: Status Quo, Plan Design Change, S% Premium Reduction, 10% Premium Reduction, Health Fund Health Fund Projection Results • Health Fund Reserve is spent down rapidly (from $23.0-Million FYEIl to $9.2 Million FYEI S) • Policy of maintaining at least one month of claim cost in reserve is in jeopardy • Estimated reserve in 201 S should be approximately $l3-Million (vs. projected $9-Million) • To fully fund the GASB-45 liability through the Health Care Fund without reflection in premiums and/or employer contribution will be difficult • With current assumptions, employees will see significant premium increases in 2012 • Increased trend, as a result of Health Care Reform, adversely impacts the Health Fund Linda Matkins, Consolidated Benefits Administrator, presented the Benefits Executive Committee Recommendation: • Recommend Status Quo for 2011 • No change in employee benefits Plan designs • No change in employee's contribution during a difficult economic climate • Third consecutive year with no increase in employee contributions • Anticipate that Plan changes will be required in 2012 • Will conduct a request for proposal for the Health Plan for 2012 • Allows for further analysis of the impact of Health Care Reform June 22, 2010 -7- CITY MA NAGER`SBRIEFING HEALTH CARE 2011 ITEM # 60050 (Continued) Next Steps • City Council to take action for Plan Year 2011 on July 6, 2010 • Determine Financial Impact of Health Reform and long-term projections • Begin notification to employees in August in preparation for Open Enrollment in October BY CONSENSUS, City Council shall schedule for the City Council Session of July 6, 2010, the Status Quo for the 2011 Plan Year. June 22, 2010 -8- CITY MANAGER `S BRIEFING ITTERFACILITY TRAFFIC AREA (ITA) 2:03 P.M. ITEM # 60051 Jack Whitney, Director of Planning, introduced the Interfacility Traffic Area (ITA). This area has a flight corridor running diagonally between Oceana NAS and the Auxiliary Field at Fentress. This is an area which has undergone profound changes by virtue of BRAG Though this is not a Strategic Growth Area (SGA), it still has many attributes that we associate with SGA's. It is certainly strategic with growth potential and plays a great role in Virginia Beach in terms of development and redevelopment. As a result of Council Lady Henley's advocacy and the support of this City Council in providing the necessary resources, a process has been embarked on which is similar to the process undertaken in the four (4) SGA's. The Team is the same Team working with the City that has developed great plans and planning processes in Burton Station and Newtown. This process, re the ITA, is approximately at the 75% level. Yesterday, June 21, 2010, was a full day complete with a Steering Committee Brief ng, Workshop with the Planning Commission and a Public Meeting at Kellam High School. The Public saw the results of all input in draft form in which they had participated in the previous months. Mr. Whitney advised the Navy ha.s been very involved throughout the process. Robert Rountree is in attendance and is a member of the Steering Committee. Mr. Whitney advised the City is fortunate to have the involvement of Paul Ostergaard -Urban Design Associates, Vaughn Rinner -Landmark Associates, and Bill Cashman - URS Corporation. This has been a great team. Paul Ostergaard, AIA, Managing Principal/Senior Vice President -Urban Design Associates, introduced the Consultant Team: Urban Design Associates Landmark Design Group URS Corporation Urban Design and Public Process Civil engineering and landscape design Traffic analysis This ITA consisted of a Three Phase Project: 1. Understanding: Figuring out what is going on 2. Exploring: Trying out some ideas 3. Deciding.• Choosing what to do The Analysis consisted of Major existing planning components • Comprehensive Plan • "Green Line" • Transition Area • Strategic Growth Areas (SGAs) • Air Installation Compatible Use Zones (AICUZ) June 22, 2010 -9- CITY MANAGER `S BRIEFING ITTERFACILITY TRAFFIC AREA (ITA) ITEM # 60051 (Continued) 2009 Comprehensive Plan The ITA should not become part of the urbanized area to the North nor should densities be limited to the Agricultural areas to the South A unique opportunity for education, entertainment, recreation, habitat preservation and quality economic development Development should achieve a goal of SO% Open Space Demonstrate adequacy of infrastructure to support discretionary development Preserve historic resources Incorporate all public and private development into a system of multipurpose trails Develop to LEED standards Mr. Ostergaard displayed maps of the City's Growth: 1900, 1940, 1960, 1980, 1990 and 2000. When one examines the transportation network, there is a system of highways and arterial roads that feed the neighborhoods. In the ITA, you have North Landing, Indian River, Princess Anne and Salem Roads. In the ITA area, there is not much road infrastructure in place as it has always been Agriculture in nature. The ITA area also has large open spaces within it. The City has begun to create Parks for recreation areas and outdoor uses, such as the Amphitheater. Waterways and Wetland areas are also in the ITA, which are part of the Old Back Bay area (in estuaries). The resulting area for new development is actually fairly limited. Protect the Open Space systems that are in place in the ITA. examine possibilities for the land use and development in those parts of the ITA that can be developed. Also incorporated into your zoning ordinance, the AICUZ overlay is shown on the depicted drawing. There is a designated area of the ITA that has certain development limits. Basically you are not permitted to develop residential higher than one (1) unit for every fifteen (1 S) acres for most of the ITA area. The one exception that is useful is the area around the Municipal Center where residential homes and hotels can be built. Concentration was placed on some of the great land uses in the ITA: golf course, Virginia Beach Sportsplex, the Amphitheatre, open and wetlands area, new Sentara hospital, Princess Anne Commons area and Tidewater Community College. At every meeting, attendees were requested to place "three dots " on the map indicating strengths, weaknesses and priority areas of the ITA. Priorities for the ITA revolved around preserving Open Space and targeting speck areas for continued economic growth. June 22, 2010 -10- CITY MANAGER `S BRIEFING INTERFACILITYTRAFFICAREA (ITA) ITEM # 60051 (Continued) ITA Growth Scenarios Alternative l: Focus Growth around Existing Infrastructure Alternative 2: Transition Area Development Alternative 3: Urban and Suburban expansion The Steering Committee decided to concentrate on Alternative 2. Design Principles 1. Let plan and uses drive infrastructure scale, types, phasing 2. Low-impact development: environmentally sound, minimal commuter load, reduced "hard" Infrastructure 3. Concentrate growth and intensity of uses around existing urbanized areas: Municipal Center and Princess Anne Commons 4. Build an extensive and interconnected open space and trail network 5. Take advantage of historic, cultural and natural heritage of the area 6. Protect the viability of Oceana/Fentress 7. Improve safety of existing road network, consistent with context and character 8. Relocate to the ITA select land-intensive uses outside the study area to free up land holdings elsewhere in the city for higher and more urban uses 9. Center for education/research/wellness 10. Preserve Agricultural uses and rural farmland Various maps depicting the ITA were displayed: ITA Portrait Proposed Land Use Proposed Master Plan Proposed Street Network and Funded Projects Open Space Network Trail Network Proposed Broader Trail Network June 22, 2010 -11- CITY MANAGER `S BRIEFING INTERFACILITY TRAFFIC AREA (ITA) ITEM # 60051 (Continued) ~~- . ~ a~. ~ ~ ~ ~~~ ~yt ,may A _~. E rv~ _ ~ y ~ . ~ ~-~ ~. ~ ,,~ ` ~~ ~ y ~ ~ ~ ~r N :~ w ~ ~ ~ 4#°ei s *~°.. .~.. t ,, ,.. - ~~~4 ~~ T ,.~ a ~ ~ r~ ~ ~~~ ~ ~ w. s t! ' _ `~~ ;~, ."~ ,:~ e ~~ ~ ~ { 1 r ~' ^ Municipal Center 180 New Housing Units Parking garages replacing surface lots Mixed-Use District ~~ y'`~ June 22, 2010 -12- CITY MANAGER `S BRIEFING INTERFACILITY TRAFFIC AREA (ITA) ITEM # 60051 (Continued) ;; .~~ ~~~ ~ ~~ 3 ~ ~ ~~ ~, r Y ~! -' t ~~~ ~ ~ L.. p~ ~, ~~ ,> '~ ~~ ~~ ;,, li 7 ~''~'~~ ,,, \~ ~. ~~ ~~. ~i~ ~`~ ,~v ~,~ ~ ~ ~~ ;~''~ ,,~~'~,,~: f ~' . ~ qty _ -~, z ,,~4~ 3,.- , ' ,.: ti~ F Rte.., ~ # ~4: `s ~' o ~r ~i'',~ ` i' .s ~ rl ~N £ ' ~y4 'e._ n~ 9x ~ - k v~ "'t ~~ ` ~ t[~ ~~ ~~ t F ~Y "mr._ _ ~ n 7 ti n ti ~ ~ ^ 3,f ,j 1 ~ xR~ _ 4 ~d~ i < 4 - ~~ .. 4~CX'_. Historic District New mixed-use along historic Princess Anne Develop cultural asset in Buffington House, such as a winery Streetscaping on North Landing Road and narrow Princess Anne East of Nimmo // ~` \~ ,,- ,~' ~ f, ~~ iE ~ f,~ ~/' rt'~ . ~;,~,, v '~1 ~/ ~; ~! r June 22, 2010 V I NI -13- CITY MANAGER `S BRIEFING INTERFACILITYTRAFFICAREA (ITA) ITEM # 60051 (Continued) ~~ ,.r - "3'~ f . !6 ~ .1t n y%' ~ ~ ~~ ' Fti~ ` i'! ~~~ti , ~~ ~,' ^~ a '~ ~ ~~ . ~ ~ ~ ~ ~ t~ ... -. ti - ~,. , ,y r ' ~.Ji•_ 6 t ~y ~~ ~~- ~~~ ~ ~ ~~ ~ '= ~~ .'. ~ ~ z.~ r ~~'.. ~. i r- ~ ~ ~ ~'' a ' ;. <' ,M x. ,J'../ F~-T ~ ~~ "~,\ ~. ~ ~ ' r~ -i ~ti .. r. ~. ~` ~, ~~ r- ~~ - ,:. ``~ ".: .^ ,. _ a ~. A ;z~,Q,. ~~w . ~ _ . _ . ~ > ~. -~ i 'd.: Princess Anne Commons Biotech Research and Education Center Collaboration between institutions and private enterprises Approximately 1.7 MSF of development June 22, 2010 -14- i . - 1 'x CITY MANAGER `S BRIEFING INTERFACILITY TRAFFIC AREA (ITA) ITEM # 60051 (Continued) ~I 1 ~} ~~ ,J-j1 . ~~ ~Y. ~. r'~ ~~ ~ ~. ~~ -- v r . ~~(s,~, ~. ~~ti - ~~ ;~;: .r-': ~i ~':.,T `~ ~ - ~; ~ ~, a, r, ~ ~'~ '.~ ~~~ k `~ .. ~~:, . ~ '~' _ ~~. n ~ - ~ ~} ~ ~Y r , ~ ;~~ ~, L~ ~. S ~/,'~ z. ~ ~ ~ ,~' ` ~ ~~, ~' - ~~ ( _ ~ ~~yj, Princess Anne Corporate Parks City-led development of 2 MSF of office, research and light industrial Space Minimum SO% Open Space Multidisciplinary focus 0.3 FAR on developable land June 22, 2010 -15- CITY MANAGER `S BRIEFING INTERFACILITY TRAFFIC AREA (ITA) ITEM # 60051 (Continued) -' _ ~_ ~ 71 '~y c.~Y s a ~r~ _~ ,r ~ ;.'~' S yv a ~ ' ~ ,~ I~ 1i , ~ '''J~L.O ~l ~. r t ~,.,~C.7 ~~ ~~ ~~ ~~ ~~ ~r % ~ ~'. ~ .~~ _ 4 S / Y-- ~; LL i :% / ~'` ~ ~ i S~ }~. /` ~ _ ~ ~ r --~'_. ~~. ~ ~ ~ ~ ~-7 °~'~ 1 !" A. ;,. ~~ ~ ~, ~` a _, ' ;.. I ~ ,:. ~ .~ ~' l r _~ ~ '~ ~ _ 1~ ...' ~. ~:~ ~ ._ s a a , __ ; ~' ~ ~~1 ~ ~ . ^' _.,. }}..~..~~ - e ~~ ( ~ ~ li . ~ ~ . .,, [ 3 ~ ~ f._. .-; ,- _ _ _ _ ~ ,~' _~ _,,,r{ + ~ fi r -~ _. -_~ - ~- _ .. ~ ~---- I !~ i~, . j ~ • ~~ ~~ ~ Y~ - w ~ ~/ 1 r ~ ,, ., . r ~ ~ ~ ~. .mot , ~ ~ ~ ~- l ~i' ~ .-~ /, i ~F I ,.~~ h ~Il / ~~ ' ' r r ~ -`,r- l Y{ _ _ _ li Brown Farm Office and Research Campuses "Town Square"for church, retail, and office space Extension of West Neck Pkwy and Nimmo Pkwy • Minimum. 50% Open Space 0.3 FAR on developable land June 22, 2010 -16- CITY MANAGER `S BRIEFING INTERFACILITYTRAFFICAREA (ITA) ITEM # 59959 __ .., ~ ', ,~~,~ 1{. .. } 1~I~ i ~~ r ~~.// ~ 1 ~ l 1 . ~" 1Il1 _ _ L ~ ~ 1 ~ 4 ; / Y ll , `, ~ ~~~ - t . ~ ~ ~~ ~ ~ ~ 4~~ ,4i T ~ ~ r ~ ~ Ir __ {~ i4 ~ ~ _ ~. ~. L ~` ~- ~`_ `, ,n ~ Y w .. r ,: •i'_ _ ^~ ,, -~ . _ _ ~ ,~~_ ~~ ~~' 4. } ~. f ~~ ~ ~~ ~~ ~~ ~ ~ ~ r~ d .:. ~~~. ~,~ r #, f 4 ~ i- . ~~~ 7 -. ~ ~[j~~y}I~ ~ I M1 ~ ~ Ct.. _I- ~~ ~ ~ = - - ~ ti J a. ~. ~ ~~ ' ~k. 3 N i ?<'" J~ ,~y $~ - h~ ~. ,~ 4~y -_ ~. yy~~: ~. ~.V~}~~ x 1 ;,P 1 ~ ~~ ,_~ Waste Management Facility Relocation offacility on Dam Neck Road 100 acres for Transfer Station, storm debris and biofuel facility ~j` r~ ~ ::~~~.: V:!!i ~.'.:. -:t jA. e7.:.:'.': ~'' .~~~ e .:. f V 4l }, fr ~g: fF Sx s SFr June 22, 2010 -17- CITY MANAGER `S BRIEFING INTERFACILITY TRAFFIC AREA (ITA) ITEM # 60051 (Continued) Council Lady Henley expressed appreciation to the City Council for allowing this long range vision to go forward. This has turned out to be a great opportunity area. This is a long range plan. There is a tremendous amount of land. The design principals are the key to the whole concept. Council Lady Bellitto inquired re accessing the property for the Waste Management facility. June 22, 2010 -18- CITY MANAGER `S BRIEFING COMMUNITYSERVICESANb SOCIAL SERVICES BOARDS ANNUAL REPORTS TO CITY COUNCIL ITEM # 60052 2:42 P.M. The City Manager introduced the first Joint Presentation of Human Services, Community Services and the Social Services Boards to make their Annual Reports to City Council. Robert Morin, Director -Human Services, introduced Robert Beardsworth, PhD, Chair -Social Services Board, Diana Ruchelman, Chair -Community Services Board, and Sharon Slipow, Community Se~~vices Board Member and Photographer Diana Ruchelman, Chair -Community Services Board, gave her report advising this is their 40`x' Amziversary. Ms. Ruchelman invited all to their Breakfast on July 29, 2010. This will be an opportunity to celebrate with them and receive additional information concerning the Community Services Boards' services. Phenomenal growth has been experienced through the support of the City of Virginia Beach. Community Services Board has been able to offer services that have truly made the City a caring "community for a lifetime ". Ms. Ruchelman noted a few of their accomplishments: Mental Health Substance Abuse Team, Crisis Intervention Team (a collaborative program between VHS, the Virginia Beach Police and Sherriff's Department, aimed at diverting services to those needing Mental Health treatment from arrest and incarceration. As of January 2010, a ribbon cutting was held for the FCIC Assessment Center, apublic/private partnership between VHS, Police and the Virginia Beach Center (which will be fully operational). This will enable Police Off cers to assist those who have committed minor infractions; however, would benefit from Mental Health services, as opposed to being incarcerated in jail. This is a combination of private partnership and collaboration with other agencies to provide services that are still needed. Community Services Board will be hosting the September 2011 International Crisis Intervention Program. Approximately 1,300 attendees are expected. The Beach Park West Program is the newest venture with the Virginia Beach Community Services Corporation. This supports housing for adults with mental disabilities who are returning to the community and will need these services. There will be eighteen (18) residents in nine (9) two-bedroom apartments. The Crisis Stabilization program at the Recovery Center continues to operate at capacity. This is an alternative to hospitalization as these individuals can benefzt from an intervention without a hospital setting. The Program has been awarded $200, 000 to cover the costs of two (2) additional crises stabilization beds. These State funds will be scheduled for the City Council's consideration to maximize the service. Biznet purchased five (S) condos at the Town Center. Subsidized living will be provided for an additional ten (10) consumers in the Developmental Services Division. This was accomplished through existing funding and without any additional staff. Another creative approach to job development was demonstrated by the staff, which recently spent an entire day contacting three hundred (300) providers in the community, which led to ten (10) new jobs being developed, employment for individuals who otherwise would be seeking bed care services. Hopefully this kind of connection will lead to ongoing employment opportunities for people with special needs. Just under 10, 000 individuals are served throughout the year. Dr. Robert Beardsworth, Chair -Social Services Board, advised the Board has commenced interesting itself re matters pertaining to public assistance and Social Services needs served by the local department. The Board is also monitoring the formulation and implementation of public assistance and programs. The Board meets with Robert Morin, Director -Human Services, and his staff, every two (2) months, and is required to provide an Annual Report to the City Council. From time to time, any reports, as appropriate, are to be submitted. June 22, 2010 -19- CITY MANAGER `S BRIEFING COMMUNITYSERVICESRND SOCIAL SERVICES BOARDS ANNUAL REPORTS TO CITY COUNCIL ITEM # 60052 (Continued) Department of Human Services displayed a video slide presentation entitled "The Faces We Serve ". The Presentation depicted examples of individuals and families in need and services provided as through the Pendleton Child Service Center for a defiant, rebellious and aggressive child. Pendleton serves an average of 320 children per month with residential and outpatient counseling services. Youth at the Juvenile Detention Center learn the 5 Ds, tools used for anger management and substance abuse: Distract yourself Delay decision to use or get angry Deep breathing Drink water Discuss with others The Juvenile Detention Center's Post-Dispositional Program is co-ed. The 1 S-bed program serves Court-ordered youth sentenced for a maximum of 180 days. Supplemental Nutrition Assistant Program (SNAP) serves 26, 000 people and brings $27.3-Million into the City. More than 10, 000 people receive medical assistance through (FAMIS) Family Access Medical Insurance Security. TANF (Temporary Assistance to Needy Families) is an Unemployed Parent Program and serves 1,232 families and generates annual revenue of $3.5-Million; Medicaid payments to providers total $185.7- Millionfor 41, 000 clients. VIEW serves 480 families a month. 1, 000 families receive help with medical and child care expenses. Cynthia suddenly lost her job after twenty-seven (27) years. She applied for food assistance and entered the Supplemental Nutrition Assistance Education and Training Program (SNAPET) *. SNAPET served 1 SI residents in January 201 D. 558 more were on a waiting list. After being charged with domestic violence, Billly entered Fathers in Taiping (FIT) He learned about respect and anger management. Each FIT class graduates 30-40 Dads. There is an average of 285 children in Foster Care. PATH (Projects in Assistance for Transition from Homelessness) is an outreach for 82 Homeless individuals per month. Beach House supports an average of 90 people/day or 200/month. Case Management coordinates services for 685 individuals with developmental and intellectual disabilities. 300 children are served monthly through early intervention. June 22, 2010 -20- CITY MANAGER `S BRIEFING COMMUNITYSERVICESRND SOCIAL SERVICES BOARDS ANNUAL REPORTS TO CITY COUNCIL ITEM # 60052 (Continued) Staff wished to thank everyone for their support in making this presentation: Bob Morin, Director, Human Services, Visionary Sharon Slipow, Community Services Board Member, Photographer Alice Testerman, Project and Planning Coordinator, Human Services, Author Larissa Frasca, Media and Communications Coordinator and Chris Bolin, Executive Assistant, Editor Kevin Fairley, Information Services Administrator Craig McClure, Photographer Robert Menter, Human Resources Analyst, Technical Support And most of all, the individuals willing to share their stories June 22, 2010 -21- CITY MANAGER `SBRIEFING ANIMAL SHELTER COOPERTIVE AGREEMENT 3:23 P.M. ITEM # 60053 David Hansen, Deputy City Manager, accompanied by the Chief Engineer, Everett L. Herndon, P.E., DBIA, Building Construction Management Engineer -Public Work, presented information re the Resolution making a Public Purpose Determination under the PPEA, authorizing the City Manager to execute a Comprehensive Agreement for the design, construction and outfitting of the Adoption-Friendly Animal Shelter and setting an approximate Start Date. PPEA Guidelines Public-Private Education and Infrastructure Act of 2002 Procedures adopted by City of Virginia Beach on June 24, 2003, re-adopted July 7, 2009 Qualifying Projects ^ Public Educational Facility / Building of facility for principal use by any public entity ^ Improvements and equipment necessary to enhance Public Safety and security of public buildings • Utility and communication infrastructure ^ Recreational facility ^ Technology and community projects PPEA Guidelines y City Council Decision Points: / To accept/reject the unsolicited proposal / Proceed/not to proceed into the detailed phase / Select a final partner "c Approve the Comprehensive Agreement June 22, 2010 -22- CITY MANAGER `SBRIEFING ANIMAL SHELTER COOPERTIVE AGREEMENT ITEM # 60053 (Continued) Adoption Friendly Shelter Timeline / March 2008 / Apri12008 / July 2008 / March 2009 / June 3, 2009 / June S, 2009 / June 23, 2009 / September 10 ,2009 / September I0, 2009 / October l3, 2009 / January 26, 2010 / May l8, 2010 / May 25, 2010 - June 22, 2010 • July 1, 2010 • December 22, 2011 - Council Resolution -Public Forum on Transformation of Shelter -Policy Report submitted to City Council -Second Public Forum on Facility Requirements -Published Programming and Public Meeting Report -Received Unsolicited Proposal - City Council accepts PPEA and authorizes proposal solicitation - Received a second proposal - Closed the proposal solicitation window -Briefed Council on conceptual proposals received -Briefed Council on detailed phase proposals received - Project funding appropriated with the FY 11 CIP budget - PPEA Public Hearing -Briefed Council on the final Comprehensive Agreement - Issued the Notice to Proceed -Project completion date (18 months/540 days) The Armada Hoffler Proposal - Armada Hoffler Construction Company -General Contractor - Gurnsey Tingle Architects - Architect/Designer - Design Learned, Inc -Animal Care Facility Engineering - Speight, Marshall & Francis, P.C. -Structural Engineering - MSA, P.C. -Civil Engineering June 22, 2010 .~' _. n .. - 23 - CITY MANAGER `SBRIEFING ANIMAL SHELTER COOPERTIVE AGREEMENT ITEM # 60053 (Continued) Staff is requesting City Council make the final decision: approve the Comprehensive Agreement. x tc '~;; y r ~ ~ ' ~• ,: ~~~ ~ ~ ' ~ ~ t',~ • ~ ~~ L~ ~ ~ I • ~ ~.~- ,_~ ~ --~ ~~_ ~ ~- ~~ _., i 1 ~ 1'~ -- -~ . _, June 22, 2010 -24- CITY MANAGER `SBRIEFING ANIMAL SHELTER COOPERTIVE AGREEMENT ITEM # 60053 (Continued) CIP Budget (from the January 26, 2010 Briefing) Armada Hoffler Proposal: $11,061,000 Other Project Cost/Contingencies: $ 750,000 Total Project Cost: $11,811,000 Project funds available (CIP 3-054): $ 2,000,000 Funds Needed: $ 9,811,000 Scope of Work Revisions - Armada Hoffler proposal amount - $11,061,000 - Proposal scope adjustments: - Water/sewer taps and turn lanes by City - Wetlands mapping, delineation and mitigation by City - Landscape plant material by City - Delete landscape irrigation system - Add pump(s) on the sanitary sewer - Upgrade roofing material - Provide LED parking lot lights - Comprehensive Agreement amount - $11,037,000 Project Cost Comparison • Chesapeake Animal Shelter - Low bid: $ 9,344,200 (construction) - Size: 31,500 sf. - $/sf. $297/sf. • Virginia Beach Animal Shelter - Proposal: $11,037,000 -1,100,000 (design) $9,937,000 (construction) - Size: 37,000 sf. - $/sf. $269/sf. June 22, 2010 -25- CITY MANAGER `SBRIEFING ANIMAL SHELTER COOPERTIVE AGREEMENT ITEM # 60053 (Continued) Councilman DeSteph provided Mr. Hansen a Resume of Shelter Planners of America. This firm designs and builds Animal Shelters across the Nation. For comparison, Mr. Hansen provided a chart. Shelter Planners of America Received from Councilman DeSteph 1. 2011 Virginia Beach, VA 37K sf at $269/sf New -Vet Clinic/geotherm 2010 Joplin, MO 20K sf at $185/sf New - no Vet Clinic 2010 Naples, FL 20K sf at $225/sf Addition & renovation ~' 2010 Ann Arbor, MI 29K sf at $276/sf New -Vet Clinic/geotherm 2009 Duluth, MN 8K sf at $275/sf Addition 2009 Sedona, AZ 21.5K sf at $240/sf New w/ Vet Clinic 2008 Universal City, TX 7K sf at $184/sf New - no Vet Clinic 2004 Lebanon, OH 15.2K sf at $151/sf Addition & renovation 2004 Harrisonburg, VA 15K sf at $173/sf New - no Vet Clinic ~ 2003 Monterey County, CA 13K sf at $269/sf New w/ Vet Clinic Mr. Hansen stated the recommendation. - Authorize the City Manager to enter into the Comprehensive Agreement with Armada Hoffler - Authorize staff to issue (NTP) "Notice to proceed" Julyl, 2010 June 22, 2010 -26- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT 3:30 P.M. ITEM # 60054 Patricia Phillips, Director of Finance, introduced Don Barnett, Comptroller. whose staff prepared the document: Interim Financial Statement: July I through May 3I, 20I0. Overview 1 FY 2010 General Fund Revenues 1 FY 2010 General Fund Expenditures 1 Limited Projections 1 Next Steps FY2010 General Fund Revenues and Expenditures Compared to Budget Thru May 31, 2010 (in Millions) Annual YTD Revenues Local Revenues $ 861.5 $ 670.2 $ (191.3) State Revenues 159.1 87.4 (71.7) Federal Revenues 23.1 19.2 (3.91 Total Revenues $ 1,043.7 $ 776.8 (266.91 Expenditures Departmental Totals $ 530.5 $ 463.7 $ 66.8 Transfers 564.4 520.1 44.3 Reserve for Contingencies 2.0 - 2.0 Total Expenditures ~ 1 r(19~ 9 ~ ~3~ R ~ 1 1 ~. 1 Less Amounts Funded from Fund Balance Outstanding Encumbrance at 6/30/09 $ 6.1 Approved Carryover Requests 1.2 Funding for City Capital Projects 33.9 SPSA Disposal 7.2 Operarting Budget FY10 4 R Adjusted Expenditures~(14~ 7 Real Estate taxes continue to be on a favorable trend at $357.5-MILLION collected through May. The majority of this revenue resulted from the collections of the first half of FY 2010'5 Annual Real Estate Tax Levy of $479.3 Million, which were due December Fifth. Personal property taxes were levied in May, totaling $47-Million. This revenue source continues to be on an unfavorable trend with $34.3- MILLION collected to date. As a result, Personal Property Tax Revenue is expected to be significantly under budget. June 22, 2010 -27- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) FY 2010 Year To Date General Fund Revenues Compared to Historic Trend May 31, 2010 loo.o°i° ioo% -_ - - __ - - _ _ -_ f soro - YTD ACTUAL = $776.8M - - -- 74.4%/~,,~t` ANNUAL BUDGET = $1 043.7M 9~~J'" 71.3% ' eo.s°i X60% - --- -- -_ _--...-- - 55.5°/. -_ y~ 50.2% 58.6% 46.0% 55.3% H 43.2°/ r,e'W 49.5% 45.7% ~ 42.5% d 0. 23.5% 24.4% 14.4% 9.7% 4.4% 14.0% poi ~-2.7°10..5.2% --. Jul Aug Sep Oct Nov Dec Jan Feb .Mar Apr May Jun -^-~Rev Trend ~-%of FYlO Rev Budget FY 2010 Year To Date General Fund Revenues Compared to Historic Trend May 31, 2010 (w/o SPSA's $18.1-Million) foo°r - _ _ - so°r YTD ACTUAL (w/o SPSA) _ $758.7M ~ 72.7°i° d ANNUAL BUDGET = $1,043.7M r1.3% ss.a°i ;6o°i _ - - - ss- °~ -- - a` so.z°i° ss.e°i° 46.0%~~ 55.3% F° 43.2°/ '*'"" 49.5% °40% 45.7% _. __. __ - - - - _ e 42.5% a` 23.5% 24.4% 20% _- _._. --__. _. __-_ ___ -- 14.4% 9.7% 4.4% ~ 14.0% 1.9% *9.5% 0 5.2% 0% - -- ~~--- --~~ --_ _~ __.. -T~ ---- - Jul Aug Sep Oct Nov Dec ]an Feb Mar Apr May Tun -+°°Rev Trend -~-%of FYlO Rev Budge[ I June 22, 2010 - 28 - CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) FY 2010 -General Fund Revenues Tl:e next few months are critical ... • Total Revenue to be collected between 6/1/10 and 8/13/IO are $267-Million • Several items are on a I-2 month lag • Real Estate 2nd installment due June 7`" • Local Annual Personal Property Tax due June 7`", Supplement due June 29`" • State Revenue received after June 30`": About $S Million of $157-Million Real Estate Revenues Projected thru 2010 Closeout $500 $aoa C O w y $300 G d E2oo Soo Eo E78 N6 E~4 c E~2 0 w Eio w EB m EB E< E2 EO FY 2006 # Qual'rfied 4 539 FY 2007 FY 2008 FY 2009 ®Through June 30 5 420 6 408 7 143 -RE Revenue and an Expenditure FY 2070 7 654 ,nOx 89% N C O 60% O U A O F 40% O 20% o~ June 22, 2010 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 OACWaI Coll M1ona ®YTD oProj 1 n ~'~Hot Total Senior and Disabled Credit May 31, 2006 - 2010 29 E00 CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) Personal Property Taxes - Local Billed Projected thru 2010 Closeout ___.._.__ .............__.. _ _ __..._ _ __.........._ toa% UNFAVORABLE TREND $73.1 $6g,1 BUDGET $64.4 55D c f w N ~ { m $40 $20 $0 FY 2006 $so 550 ~ $40 0 f w m $30 c m 'm o: $20 $10 $0 $64.2 so% PROJ $57.9 59.0 % ~ 80% ~ 0 535% w J p 54 Q.2 0 m $ 4.3 0 40% ~ FY 2007 FY 2006 FY 2009 ~~Ac[uaI Collecnona as®YTD ®Projactlon ~X OT Total General Sales Taxes Projected thru 2010 Closeout FY 2010 20% 0% 150% 125% 700% m c 0 75% V m 0 F~ `o 50% a 25% 0% June 22, 2010 FY 2006 FY 2007 FY 2008 FY 2009 FY 2010 DActoal Collections YTD Projection _ ~-%of Total '- -30- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) General Sales Taxes Collections Monthly %Change from FY09 to FY10 ~., % 6.0 4.0 z.o% 1.9 0.7 '.. - -a.7% -tax -s.o % I. ~ -8.8% -8.8 •70.0% __- _..- _.... PJOJyt ~~~0~? c'~DO~P ~F~O~P 4~~0~P P~JPp, ~pJPp-~ ~PPOS PQ~ ~p-~ 'J?4. y~v o ~o oe ~ ~~ Monthty %Change from PY * Collections lag sales by 2 months Hotel Room Taxes Projected thru 2010 Closeout E25 520 c O a15 w N d C 01 d ~ 510 SS EO 150 % 125% 100% m c 0 75% v ai O H O 50 % e 25 % 0% June 22, 2010 FY 2006 FY 2007 FY 2006 FY 2009 FY 2010 OActual Collections ®YTD t~Projection ~~%of Total S50 $40 c 0 ~ E30 m 'm o: $20 E70 $30 t25 $20 0 i H S15 'm z S10 $5 SO -31- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) Restaurant Meal Taxes Projected thru 2010 Closeout Utility Taxes Projected thru 2010 Closeout 150% 125% 100% TO_; b U 75% w F `o 50% 25% 0% 150 125% 700% ~ 0 0 V 75% - 0 r 50% 25% 0% June 22, 2010 FY 2006 FY 2007 FY 2008 FY 2009 FY 2070 C ~AeWel Collections ®YTD OProjectwn ~~X of Total FY 2008 FY 2007 FY 2008 FY 2009 FY 2010 OMnuel Collections ®YTD oProjac0on ~.>•X o/TOtei -32- CITY MANAGER `SBRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) Virginia Telecommunications Tax Projected thru 2010 Closeout $30 E25 $20 c 0 f w m $75 c m '• K $10 S5 150% 125% 100% ~ o_ m 0 75% U 0 H `o 50% 25% o% FY 2010 -General Fund State Revenue Reductions • $3.5-Million Reduction to the Original Budget - Recordation Fees $1,725,638 - State Aid Law Enforcement $783,677 - Constitutional Officers and Appointed Officials $712,723 - Human Services $281,319 - State Aid to Libraries $12,695 • Additional Reductions: - Maintenance of Roads $1,139,314 - State Aid Law Enforcement $83,521 - Compensation Board reductions in 47h Quarter reimbursement to Constitutional Officers $89, 623 - Public Assistance Grant: $1-Million (offset with Federal Stimulus Funding) June 22, 2010 Eo FY 2006 FY 2007 FY 2008 FY 2008 FY 2010 ~Mnual Golketbna ®YTD ®Profeetion ..,•%of Total - 33 - CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) Summary of General Fund Revenues May 3l, 20I0 (In Millions) Budget YTD FY2U10 t% of Budget Projected Trend Real Fstate Taxes $477.1 $357.5 74.9 % F 'Personal Property Taxes 64.2 34.3 53.5 U ppT~, 53.4 6.5 12.2 - General Sales Tax 51.1 41.9 81.9 IJ Utility Taxes 25.7 21.5 83.7 U Telecommunications Taxes 23.7 16.3 68.9 LJ Franchis e Taxes 5.9 4.7 79.2 F Business Licenses 40.6 37.6 92.7 U Restaurant Taxes 49.8 44.1 88.4 U Hotel Taxes 23.9 20.8 87.0 U Cigarette Taxes 12.9 10.8 83.7 U Automobile Licenses 9.1 7.2 79.2 U Amusement Taxes 5.3 4.8 90.4 F City Tax on Deeds 5.9 5.0 85.3 F Interest on Bank Deposits 5.7 0.6 10.5 U Other Local Revenues 60.6 45.1 74.4 U State Revenues 105.7 80.9 76.5 U Federal Revenues 23.1 19.1 82.9 U $ 1,043.7 $ 758.7 72.7 % U SPSA - 18.1 - $1,043.7 $ 776.8 74.4 % F Excludes Schools Revenues FY 2010 Year-to-Date General Fund Revenues Prior Fiscal Years Year-End Results $1,499 --- ...___-_ . .....__.. ._......_ ... __ __ _.......___ ..._~__ . ............__._... .. . _........._.. $6.5M <$8.1 M> x$28.1 M> PROdw/ $I,20U $1,089.'1 SPSA $1,054.9 51,063.0 $1,061.0 $1.043.7 $1,039 $1,000 $979.7 5973.2 ~ YTD e $776.8 $800 - - e $600 a` $4oa $zoo $o Fv zoo7 ~ zoos Pv zoo9 Pv zolo ®Annual Actual sAnuual Bndget Projection IJ June 22, 2010 -34- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) ~n~r~l fund Praj~~~d ~~v~nu~s w/ ~~~ ~~n~ral Fund Pra~~~t~d ~~vs w/r~ ~ PEA June 22, 2010 I -35- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) FY 2010 Year-to-Date General Fund Expenditures Compared to Historic Trend May 31, 2010 loo°~ E~ ~.a~~r,~_,~.~^~. YTD ACTUAL = $983.8M gg,5s~ 89.7"b ~ so°~ ANNUAL BUDGET = $1,O96.9M ' Rz.3''° ~ a ~K' l ~'" - 73.8 % w ~66.8% ~ a 60% ~ F°. ` v... 59.3"~ o 0 aa.~°n 51.6'% '.4;"4, 44.2 o: ~ % 37.2 ~y.e~s, a8.3% ~ ~ z0 ,. l .n~ ~._~~;, 17.0% 9.R % o°r Jul Aug Sep Oct Nov Dec Jan Feb Maz Apr May Jun ~°^~'"ti~ga~dihnc Tra~d ~~ % of [:Y I0 Fap n°dgU .... __ FY 2010 Year-to-Date General Fund Revenues & Expenditures Compared to Historic Trend At May 31, 2010 100.0°~~ 100% _ _ _ - - _ _ _ _ - - _ 94 8° . .~ '~ 74.4 SPSA $18.1M tR 1 ~~ ~7s.R% ".';~ 60.b"moo ~6.8%' 60.5 ~ - 0 F 60% ~ i -- _ _. - ~ - _ - - 55 .v'" ~ , 09. c X1.49. 502° 1^„ ~ i 8'4. 1 44 6/46.0% . 431 % 49aR~o a9.n^,~. 37.z % State $ received after 6/30/10 z8.3°~s, 23,5 % ,~ ~,,, - PPTRA $46.9M /Other $4.6M 8 q;;, t 7.°% 14.4 % Total of $267M between 6/1 - 8/l3 • 9.7% t4.0"„~ 9.8%4.4° 1.9 9.5"~ ten, 4 ';:~ Jul Aug Sep Oct Nov Dec ]an Feb Mar Apr May ]un --+®R°v Trend -~"%ofl'YIO Rev RUdgct I =^+~'YxM dilureTrund ~~"/u oCCY IU Es~dudgct 23 June 22, 2010 -36- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) General Fund FY 2010 Expenditures 1 Total at May 31, 2010: $983.8-Million, or 89.7%, of $I.09-Billion Budget 1 Summary of Actual Expenditures Under Budget at June 30: .Swings (in millions) % of Total 'Budget City 4.1%° t ,~ . $25.9 _ 5.6% $25.0 3.8% $28.1 of City Budget 3.8% 3.5% 3.6% Schools ' $15.8 $35.3 $14.9 ~F ~'r~j~~t~d Ex~~r~ditt~r~~ Bottom Line Revenues <$l6-Million - $22-Million> under SPSA $18.IM <$ 4-Million> - $ 2-Million over Expenditures <$22M - $28M> under June 22, 2010 -37- CITY MANAGER `S BRIEFING INTERIM FINANCIAL STATEMENT ITEM # 60054 (Continued) Undesignated General Fund Balance zoo , 16.o^i ,:.8% 111% it a% Projected I50 12,0% 10.1 % a 10.0% 8.3% 6 8% 9.0% v 8.6% a+ o 123.E w ~ 100 ~ 103.d ^ lIt3A S.0% I c9(;.6 lOLS .. ~ ti92.^ $91.4 a 7 "3.(i m 0 G1 563.1 4.0% ° 50 '- e 0 ~ + i 0.0% Next Steps 1 Continue to Monitor Revenues in FY 2010 ^ Personal Property -June 7th ^ Real Estate -June 7th 1 Next Briefing on July 13, 2010, for preliminary data through May 2010 1 "Close out" -August l3 June 22, 2010 2004 2005 2006 2007 2008 2009 2010 2010 OUndesignated GF Balance •~ % of Budgeted GF Revenue Policy = 8-1 2%of Revenues -38- CITY MANAGER `S BRIEFING MUNICIPAL GOLF MANAGEMENT 3:43 P.M. ITEM # 60055 The City Manager recognized Cindy Curtis, Director -Parks and Recreation and Jim Keegan, Golf Convergence, Inc. -Operating Principal, to present the final recommendation for Municipal Golf Management. Councilman Diezel has been very involved and provided valuable assistance. Ms. Curtis advised Jim Keegan has spent several months researching the local and regional golf market to bring `facts and figures "forward by which City Council can, hopefully, make the best business decision in terms of how best to move forward in terms of the providing Municipal Golf. Councilman Diezel advised there was some misunderstandings of the recommendations. Some residents believe the option of the Kempsville Golf Course, specifically, is a reduction to a nine-hole course with the use of the other acreage as a park-like setting. This was not the recommendation of Mr. Keegan. Councilman Diezel has tried to convey same. Council Members Henley and Diezel attended a meeting of residents and believe the recommendation is now understood. Jim Keegan advised today's decision is irrespective of any decision made with respect to the Kempsville Course. The "core message" is the Golf Division is not fcnancially self-sustainable without increasing general fund support or privatization of management: Why the Need for a Decision? 2009 -Actual Total Net O eratin Loss ($259,940) Fund Balance $233,535 2010 - Pro'ected Total Net O eratin Loss ($200,000) Fund Balance $ 33,535 General Fund absorbs $87,500 of long term debt associated with Red Wing Lake improvements. Ten Year Financial Exposure: 3 courses $6.546 Million Cate o Total EBITDA* $ 107,500 Administrative Char es 803,550 E ui ment 531,000 De erred Ca ital investment 4,444,065 Debt Services 875, 000 Total Financial Ex osure $6,546,II5 *EBITA means earnings before interest, taxes, depreciation and amortization. June 22, 2010 -39- CITY MANAGER `S BRIEFING MUNICIPAL GOLF MANAGEMENT ITEM # 60055 (Continued) The Brass Ring -10 Years Three Golf Courses Status Quo: Historical Private Management Ex enditures Over Revenues ($ 696,050) $ 0 Administrative Costs N/A 800,000 Annual Income Rental Income 1,100,000 Ca ital Investment b Ci (4,975,065) 0 General Fund Subsidy for Loan Amortization (875,000) (875,000) Capitallnvestment in City's Assets b Private Mana ement 3,000,000 Financial Return (After 10 ears) ($6,546,115) $2,425,000 Golf Convergence, Inc. is notAdvocating: Parks and Recreation: X Manage two courses: Bow Creek and Kempsville X Maintain three courses: Status Quo X Manage all four golf courses Options We Advocate Decision Timetable Task I July, 2010 Draft and issue an RFP for the management of Bow Creek, Kempsville and Red Wing, effective January 1, 2011. Pursuant to the RFP, selected frm will manage Virginia Beach National beginning Janua 1, 2012 2 September, 2010 Review proposals to ascertain most advantageous proposal considering customer service , rates/fees, capital improvements, current ersonal im act 3 October, 2010 Negotiate best financial arran ement or City 4 November, 2010 City Council consideration of Mana ement A reement June 22, 2010 -40- CITY MANAGER `S BRIEFING MUNICIPAL GOLF MANAGEMENT ITEM # 60055 (Co~itinued) Mr. Keegan referenced the correspondence from the Virginia Beach Development Authority which views Virginia Beach National Golf Course as an extraordinarily valuable asset for the City. Ms. Curtis advised Parks and Recreation has received the message from the citizenry that they are not interested in seeing Kempsville Greens as anything other than a Golf Course. Virginia Beach National and Redwing do not operate at a loss. Virginia Beach National Golf Course was very important in terms of covering the deficit of Bow Creek and Kempsville Greens as well as assisting with generating the revenues necessary to recapitalize these courses. Mayor Sessoms suggested two (2) RFP's (Request for Proposals), one encompassing Bow Creek, Kempsville and Red Wing Golf Course and the other RFP encompassing Virginia Beach National Golf Course for a total of four (4) Courses. BY CONSENSUS, two (2) RFP's shall be issued June 22, 2010 -41 - CITY COUNCIL COMMENTS 4:05 P.M. ITEM # 60056 Council Lady Henley referenced a misunderstanding re the parking fee at Little Island. $5.00 a day for parking for visitors and residents is being charged at Little Island. This particular parking lot is managed by Parks and Recreation. She did not have to come to City Council to raise the rate, but there was that misunderstanding and the rate for residents was increased from $2.00 to $5.00. This has been corrected and rolled back to $2.00 a day for residents, but is expected to raise $1.00 for residents as in other Municipal Parking facilities July First. Effective July 1, 2010, the charge will be $3.00 for residents and $S. 00 for non-residents. ITEM # 60057 Council Lady Henley referenced the Lady's Volley Ball Tournament at the Oceanfront this weekend, June 19-20, 2010. This was the AVP'S first visit to Virginia Beach since 2001. Atwo-tiered stadium, seating approximately 3,000, was filled. April Ross and Jennifer Kessy grabbed the Virginia Beach Title. Councilman Uhrin referenced the Wounded Warriors Surf Camp on Sunday, June 20, 2010, attended by many Disabled Veterans who experienced a thrilling event. ITEM # 60058 Mayor Sessoms expressed appreciation to the City Council for their assistance while he was out of the Country on City Business from June 12 through June 18. The representatives were very well received in Germany. Warren Harris, Director of Economic Development led the Delegation. Presentations were most impressive. There were headlines in the German newspaper. Busch Manufacturing is still operated by the 81 year old father. The house is in the same location as the plant, which is common in Germany. They met the entire Stihl family, which was very formal, but they were most appreciative the representatives had visited. In Venice, Italy, Mayor Sessoms met with the Carrano families, who have been looking to expand in Virginia Beach. June 22, 2010 -42- AGENDA REVIEW SESSION 4:10 P.M. ITEM # 60059 BY CONSENSUS, the following items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTIONS 1. Ordinances to AMEND the City Code: a. X23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass b. X23-50.1 re penalty for failure to comply in the removal of certain trees c. Chapter 4, Article II, re Dance Halls and Teenage Events d. REPEAL Section 2-285 re Consumer Protection Division of the Commonwealth Attorney's Office; and, AMEND Sections 32-17, 32-18, 32-26, 32-27 and 32-29 for Out of Business Sales 2. Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council and the School Board and AUTHORIZE Mayor Sessoms to execute said Agreement for FY 2011 S. Ordinance to AUTHORIZE the City Manager to execute a second Amendment to the Purchase Agreement with Tailwind Development Group, L L.C. re the proposed sale of City-owned property at Princess Anne Road and South Independence Boulevard DISTRICT 3 -ROSE HALL 6. Ordinance to AMEND and REORDAIN the APZ-1/Clear Zone use and Acquisition Plan to include all privately owned property in the Clear Zones and reflect the APZ-1/Clear Zone Master Plan designation 7. Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Barry D. and Paula W. Knight in the amount of ,$171, 654 in the 5000 Block of Blackwater Road. DISTRICT 7 -PRINCESS ANNE 8. Ordinance to AUTHORIZE the acceptance of the dedication of four (4) permanent drainage easements in the Lakeview Park and Bradford Park Subdivisions 9. Ordinance to AWARD a Communication Tower Lease Agreement to New Cingular Wireless PCS, LLC at 1900 Sandbridge Road (Red Mill Farms Park) re constructing, maintaining and operating wireless telecommunication facilities and AUTHORIZE the City Manager to execute said Lease. June 22, 2010 - 43 - AGENDA REVIEW SESSION ITEM # 60059 (Continued) 10. Ordinance to grant Emergency Medical Services (EMS) permits from July 1, 2010, until June 30, 2011 to: a. American Lifeline Medical Transport, Inc. b. Children's Hospital of the King's Daughters Transport Team c. Eastern Shore Ambulance d. Medical Transport, L.L.C. e. Mid-Atlantic Regional Ambulance, Inc. f. Nightingale Regional Air Ambulance g. Special Event Providers of Emergency Medicine 11. Ordinance to APPOINT three (3) Viewers, each for a one year (1) term, beginning July 1, 2010, re the closure of streets and allies: a. Director of Planning b. Director of Public Works c. Director of Parks and Recreation 12. Ordinance to AUTHORIZE temporary encroachments into a portion of the City- owned right-of--way for Christopher G. and Terry A. Beale to maintain an existing deck and bulkhead at Blueberry Road adjacent to 2016 Blueberry Road DISTRICT S - LYNNHAVEN 13. Ordinance to AUTHORIZE temporary encroachments into a portion of the City- owned right-of--way for Aqua Investment Associates, L.P. to construct and maintain a laminated glass entrance canopy, realign and add a water fountain, a raised 3 foot (3) concrete planter box and additional low-level landscaping to an existing landscaped medium and make improvements to existing curbing and brick pavers within the right-of--way at 39`'' Street and Atlantic Avenue DISTRICT 6 -BEACH 14. Ordinance to AMEND the FY 2010-I1 Operating Budget of Housing and Neighborhood Preservation and INCREASE the authorization for a Section 108 Loan from the Federal Government I5. Ordinances to ACCEPT and APPROPRIATE.• a. $160, 664 from the Virginia Department of Agriculture and Consumer Services to the FY 2009-10 Agriculture Operating Budget to partially reimburse the City for the acquisition of a preservation easement. b. $104, 999 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2009-10 Human Services Operating Budget for therapeutic services to infants and toddlers c. $12, 000 from the Third Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception to the Virginia Beach Education Foundation, Hope House Foundation and Growsmart re Ready to Learn June 22, 2010 -44- AGENDA REVIEW SESSION ITEM # 60059 (Continued) 16. Ordinance to APPROPRIATE $10,106 from donations, sale of salvage equipment and cost recovery to the Fire Hazardous Materials Team 17. Ordinance to TRANSFER $664, 651 within the FY 2010-11 School Operating Budget ADOPT, BY CONSENT, Alternate Version, Item J.1 a. (Ordinance to AMEND the City Code re X23-50 re penalty for failure to comply with cutting excessive growth of weeds or grass) ALLOW WITHDRAWAL, BY CONSENT, Item J.l.b. (Ordinance to AMEND the City Code X23-50.1 re penalty for failure to comply in the removal of certain trees) ADOPT, BY CONSENT, Alternate Version, Item J.1 c. (Ordinance to AMEND the City Code Chapter 4, Article II, re Dance Halls and Teenage Events) DEFER, BY CONSENT, until July 6, 2010, Item J.9 (Ordinance to AWARD a Communication Tower Lease Agreement to New Cingular Wireless PCS, LLC) Councilman DeSteph will ABSTAIN on Item J.7. (Acquisition of an Agricultural Land Preservation (ARP) easement to Barry D. and Paula W. Knight) June 22, 2010 -45- AGENDA REVIEW SESSION ITEM # 60060 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT AGENDA: K. PLANNING Application ofDML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. DISTRICT 3 -ROSE HALL 2. Application of RORY CLIFF and MICHELE M. CARTER for a Conditional Use Permit re a residential kennel at 1548 Nanneys Creek Road. DISTRICT 7 - PRINCESS ANNE 3. Application of NEW OAK GROVE BAPTIST CHURCHfor a Conditional Use Permit re a new social hall, kitchen area, classrooms, conference room main lobby and additional restrooms at 3200 Head River Road. DISTRICT 7 -PRINCESS ANNE 4. Application of BAYLAKE UNITED METHODIST CHURCHfor a Conditional Use Permit re incorporating recently purchased property at 4309 Blackbeard Road into their existing church site for church-related outdoor activities. DISTRICT 4 - BAYSIDE S. Application of CINGULAR WIRELESS for a Conditional Use Permit re a communication tower at 4021 Charity Neck Road DISTRICT 7 -PRINCESS ANNE Iem K.1 (DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC) shall be ADOPTED BY CONSENT, with ANAMENDED CONDITION. Council Lady Henley DISCLOSED and ABSTAINED Pursuant to Section 2.2-311 S(G), Code of Virginia regarding City Council's discussion on the application of Cingular Wireless for a Conditional Use Permit for a communications tower at 4021 Charity Neck Road. The property is owned by William E. Chaplain and Billy W. Chaplain (the "Chaplain property ). A cemetery is located adjacent to the property. Mrs. Henley and her family own lots in the cemetery and her husband serves, without compensation, on the Cemetery's Board. The Board has reason to believe some graves are located on a portion of the Chaplain property that is adjacent to the Cemetery. Billy W. Chaplain has suggested his decision on whether to sell that portion of the Chaplain property to the Cemetery Board will be contingent upon the outcome of the above-referenced Conditional Use Permit application. Although the City Attorney has advised her that she may participate in this transaction upon her disclosure of her interest, Council Lady Henley wishes to ABSTAIN from voting on this matter. Council Lady Henley's correspondence of June 22, 2010, is hereby made a part of the record. Item K.5 (Cingular Wireless) shall be ADOPTED, BY CONSENT, with CORRECTED Conditions. June 22, 2010 -46- ITEM # 60061 Mayor William D. Sessoms, Jr., entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.2-3711(A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration of, or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(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). Acquisition/Disposition of City Property: Beach District LEGAL MATTERS: Consultation with legal counsel and briefings by staff members or consultants, pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by such counsel pursuant to Section 2.2-3711 (A) (7). Virginia Aquarium and Marine Science Center June 22, 2010 -47- ITEM # 60061 (Conti~zued) Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION at 4:37 P.M. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None (Closed Session: 4:45 P.M. - 5: 00 P.M.) (Break: 4:38 P.M. - 4:45 P.M. (Dinner: S: 00 P.M. - S: SS P.M.) June 22, 2010 - 48 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL Juue 22, 2010 6:00 P.M. Mayor William D. Sessoms, Jr. called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 22, 2010, at 6: 00 P.M. Council Members Present: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood. Council Members Absent: None INVOCATION.• Reverend Thomas Powell Calvary Chapel of Virginia Beach PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Mayor Sessoms DISCLOSED as an officer of TowneBank (which has a corporate office located at 297 Constitution Drive in Virginia Beach), he is directly and indirectly involved in many of TowneBank's transactions. However, due to the size of TowneBank and the volume of transactions it handles, TowneBank has an interest in numerous matters in which he is not personally involved and of which he does not have personal knowledge. In that regard, he is always concerned about the appearance of impropriety that might arise if he unknowingly participates in a matter before City Council in which TowneBank has an interest. Mayor Sessoms also has similar concerns with respect to Prudential Towne Realty, which is an affiliate of TowneBank. In order to ensure his compliance with both the letter and spirit of the State and Local Government Conflict of Interests Act (the `Act'), it is his practice to thoroughly review each City Council agenda to identify any matters in which he might have an actual or potential conflict. If, during his review of an agenda, he identifies a matter in which he has a `personal interest ", as defined by the Act, he will either abstain from voting, or file the appropriate disclosure letter with the City Clerk to be included in the off cial records of City Council. Mayor Sessoms ' letter of March 24, 2009, is hereby made a part of the record. June 22, 2010 -49- Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial ") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial and that stock ownership causes him to have a `personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 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.Ianuary 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a Real Estate Agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the puf pose of ident~ing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. June 22, 2010 -50- Item V--E.I CERTIFICATION ITEM # 60062 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council CERTIFIED THE CLOSED SESSION TO BE INACCORDANCE 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: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 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 #60061, Page 46, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting 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 Ciry Council. uth Hodges Fraser, MMC City Clerk June 22, 2010 -51- Item V-F.1 ITEM # 60063 Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council APPROVED the MINUTES of the INFORMAL and FORMAL SESSIONS of June 8, 2010. Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and .Tames L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 -52- Item V-G.l. ADOPTAGENDA FOR FORMAL SESSION ITEM # 60064 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION June 22, 2010 -53- Item V-H.1. PUBLIC HEARING ITEM # 60065 Mayor Sessoms DECLARED A PUBLIC HEARING: INSTALLMENT PURCHASE AGREEMENTS Acquisition of Agricultural Land Preservation (ARP) Easements 5000 Block of Blackwater Road There being no speakers, Mayor Sessoms CLOSED THE PUBLIC HEARING June 22, 2010 -54- Item J. ORDINANCES/RESOLUTION ITEM # 60066 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED in ONE MOTION Items 1.1 a, 1 b(WITHDRAWN), 1 c., 1 d, 2, S, 6, 7, 8, 9 (DEFERRED), 10 a g, 11 a-c, 12, 13,14,1 S-a-c, 16 and 17 of the CONSENT AGENDA. ADOPTED, BY CONSENT, Alternate Version, Item J.1 a. (Ordinance to AMEND the City Code re X23-SO re penalty for failure to comply with cutting excessive growth of weeds or grass) ALLOWED WITHDRAWAL, BYCONSENT, Item J.l.b. (Ordinance to AMEND the City Code ~23- 50.1 re penalty for failure to comply in the removal of certain trees) ADOPTED, BY CONSENT, Alternate Version, Item J.1 c. (Ordinance to AMEND the City Code Chapter 4, Article II, re Dance Halls and Teenage Events) DEFERRED, BY CONSENT, until July 6, 2010, Item J.9 (Ordinance to AWARD a Communication Tower Lease Agreement to New Cingular Wireless PCS, LLC) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Councilman DeSteph ABSTAINED on Item J.7. (Acquisition of an Agricultural Land Preservation (ARP) easement to Barry D. and Paula W. Knight) June 22, 2010 -55- Item J.l.a. ORDINANCES/RESOLUTION ITEM # 60067 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, ALTERNATE VERSION: Ordinance to AMEND the City Code re X23-SO re penalty for failure to comply with cutting excessive growth of weeds or grass Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 ALTERNATE VERSION REQUESTED BY COUNCILMEMBER DeSTEPH 1 AN ORDINANCE TO AMEND CITY CODE §23-50 2 PERTAINING TO EXCESSIVE GROWTH OF 3 WEEDS OR GRASS 4 5 SECTION AMENDED: §23-50 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section §23-50 of the City Code is hereby amended and reordained to read 11 as follows: 12 13 Sec. 23-50, Accumulations of trash, garbage, etc., or excessive growth of weeds 14 or grass. 15 16 (a) Except as provided in subsection {e) hereof, upon determination by the 17 director of housing and neighborhood preservation, the code enforcement administrator, 18 or any inspector of the department of housing and neighborhoad preservation, whether 19 temporarily or permanently employed as such, that there exists upon any land or 20 premises within the city, including the area between such land or premises and the curb 21 line, any trash, garbage, refuse, litter or similar substances, except as may be placed 22 thereon for purposes of collection in accordance with chapter 31 of this Code, notice 23 shat! be served on the owner of such land or premises or his or her agent, or on the 24 occupant thereof, ar both, to cause such trash, garbage, refuse, fitter or similar 25 substances to be removed from such land or premises within seven {7) days from the 26 date of such notice. 27 28 (b) Except as provided in subsections {e) and (f} hereof, upon determination 29 by the director of housing and neighborhoad preservation, the code enforcement 30 administrator, or any inspector of the department of housing and neighborhood 31 preservation, whether temporarily or permanently employed as such, that there exists 32 on any land or premises within the city, including the area between such land or 33 premises and the curb line, any grass, weeds, brush or similar vegetation in excess of 34 ten (10) inches in height, notice shall be served on the owner of such land or premises 35 or his or her agent, or on the occupant thereof, or both, to cause such grass, weeds, 36 brush or similar vegetation to be cut and removed from such land or premises within 37 seven (7) days from the date of such notice. 38 39 (c) Service of the notice provided for in subsections (a) and (b) steal( be by 40 first-class mail, personal delivery or posting in a conspicuous place upon the land or 41 premises; provided, however, that if the land or premises are unoccupied and the owner 42 or his or her agent cannot be found by the exercise of due diligence or are unknown, 43 such notice shall be sufficient against the owner if given by first-class mail to the 44 owner's last known mailing address and posted in a conspicuous place upon the land or 45 premises. The code enforcement administrator and inspectors of the department of 46 housing and neighborhood preservation. -are hereby authorized to deliver or post such 47 notices. One notice (as provided for in subsection {b)) per growing season is hereby 48 deemed reasonable notice to owners of vacant developed or undeveloped property to 49 authorize the city to remove or contract for the removal of any excessive growth of 50 grass, weeds, brush or similar vegetation for the entire growing season. 51 52 (d} Failure to comply with the terms of a notice issued and served as provided 53 in this section within the time prescribed in such notice shall constitute a Class ~ 4 54 misdemeanor. In addition to any penalties imposed hereunder, the city may institute 55 legal action to enjoin the continuing violation of this section and may remove or contract 56 for the removal of such trash, garbage, refuse, litter or similar substances or grass, 57 weeds, brush or similar vegetation, in which event the cost and expenses thereo#, 58 including an administrative fee in the amount of one hundred fifty dollars ($150.00), 59 shall be chargeable to and paid by the owner or occupanf of the land or premises. Any 60 such charge which is not paid within thirty (30) days of the date on which it is billed to 61 the owner of such land or premises shall constitute a lien upon the property and may be 62 collected in any manner provided by law far the collection of taxes; provided, however, 63 that no such lien shall be valid against any owner of land or premises who was not 64 served with the notice prescribed in subsection (a) or (b) hereinabove, as the case may 65 be. 66 67 {e} The provisions of this section shall not apply to any parcel of land greater 68 than one {1) acre in size which is {1) located in an agricultural zoning district or enrolled 69 in the land use assessment program and (2} used principally for agricultural, silvicultural 70 or horticultural purposes. 71 72 (f) The provisions of subsection (b) shat! not apply to the following areas: 73 74 {1) Portions of undeveloped lots, parcels or tracts of land which are not 75 located within one hundred fifty {150) feet of a paved road; 76 (2) Portions of undeveloped lots, parcels or tracts of land which are not 77 located within one hundred fifty (150} feet of any other property, developed or 78 undeveloped, located in a Residential, Apartment, Business, Office, Resort 79 Tourist or Industrial Zoning District; 80 (3) Portions of undeveloped Pots, parcels or tracts of land which are 81 inaccessible to power mowing equipment; 82 (4) Areas required by the Chesapeake Bay Preservation Area 83 Ordinance [appendix F] or the Southern Watersheds Management Ordinance 84 [appendix G] to be vegetated; 85 (5) Vegetated wetlands, as defined in the Wetlands Zoning ordinance 86 [appendix A, article 14]; 87 (6} Nontidal wetlands located within Resource Protection Areas; 88 (7) Coastal primary sand dunes; 8g (8) State-designated Wildlife Habitat Areas; g0 (9) Banks of detention ponds, streams, and other bodies of water, 91 natural or manmade; 92 (10) .Banks of drainage easements; 93 (11) Wooded areas, including understory vegetation; and g4 (12) Any other area required to be vegetated by reason of the 95 application of the City Zoning Ordinance [appendix A], Subdivision Ordinance 96 [appendix B], Site Plan Ordinance [appendix C], Stormwater Management 97 Ordinance aappendix D], Chesapeake Bay Preservation Area Ordinance 98 [appendix F], Southern Watersheds Management Ordinance [appendix G], or 99 any other ordinance or provision of law. 100 101 (g) As used in this section, the term "deveEoped" shalt refer to any lot, parcel 102 or tract of land upon any portion of which there has been placed any building, structure 103 or other improvement or upon any portion of which there has been any land-disturbing 104 activity, including, without limitation, paving, filling, grading, dredging, clearing or 105 excavating. 106 107 The effective date of this ordinance shall be July ~, 2Q10. 108 109 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day 110 of June , 2010• APPROVED AS TO LEGAL SUFFICIENCY: it ,R ney s~8 ice CA 11366 R-4 B March 8, 2010 ~ N -56- Item J.1.b. ORDINANCES/RESOLUTION ITEM # 60067 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ALLOWED WITHDRAWAL, BY CONSENT: Ordinance to AMEND the City Code re §23-50.1 re penalty for failure to comply in the removal of certain trees Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 -57- Item J.l.c. ORDINANCES/RESOL UTION ITEM # 60068 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, ALTERNATE VERSION: Ordinance to AMEND the City Code re §23-50.1 Chapter 4, Article II, re Dance Halls and Teenage Events Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 1 ALTERNATE VERSION 2 3 AN ORDINANCE TO AMEND CHAPTER 4, 4 ARTICLE II AND SECTION 18-76 OF THE 5 CITY CODE, PERTAINING TO DANCE 6 HALLS AND TEENAGE EVENTS 7 8 SECTIONS AMENDED: City Code §§ 4-16, 4- 9 18, 4-19, 4-20, 4-21, 4-32, 4-33, 4-34, 4-35, 4- 10 37, 4-38, 4-39, and 18-76 11 12 SECTION ADDED: § 4-40 13 14 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA: 16 17 That Sections 4-16, 4-18, 4-19, 4-20, 4-21, 4-32, 4-33, 4-34, 4-35, 4-37, 4-38, 4- 18 39, 4-40 and 18-76 of the Code of the City of Virginia Beach, Virginia, are hereby 19 amended and reordained to read as follows: 20 21 ARTICLE II. LNG DANCE HALLS; TEENAGE EVENTS 22 23 Sec.4-16. Definitions. 24 25 As used in this article: 26 27 (a) Dance hall means any place or event open to the general public where 28 dancing is permitted, no alcoholic beverages are provided or consumed during the 29 event, and to which man admission fee is charged or for which compensation is in 30 any manner received, either directly or indirectly, by cover charge, membership fee, 31 donation, or otherwise;;, or where refreshments, food or any form of merchandise 32 are seed provided or exhibited for compensation before, during or after dans+a~ the 33 event; provided, however, that ^ r°~+.,,,r.,n+ ~;,.°r,c°,~ iinrl°r c°r~inn~ .~_aS2 ~ or,rJ .~_aQ ~ crracv--cmcrv-i OCGR~TT~TTP~T-Ql fR -r ovz 34 35 36 any establishment in which alcoholic 37 beverages are dispensed pursuant to a va~i~--s~~ license issued by the Virginia 38 Alcoholic Beverage Control Board shall not be considered a his dance hall. T"~ 39 of~^~e#r~,",,;~e~s~ fnn,~ nr ,r,., fnrm of m°r6#a~+s~~~-a~-s~6#-~a6~-e; ~"°~ 40 41 +h° m°onin.. of chic c°n~inr~ 42 43 (b) City manager means the city manager or such other employee or officer of 44 the city as he may designate. 45 46 (c) Teenage nsk~ event means any ec+~~~ event conducted in a 47 dance hall open only to members of the general public between the ages of fourteen 48 (14) and seventeen (17), inclusive, other teenagers with a current high school 49 identification card and other s patrons or employees authorized by this article;_. 50 , 51 ~ , 52 nh~-p^~`P~r nhorivo~ ~Sin~n foo nr +ho co~8~~~~~~5~ fnnrl r~r morrh~nrlico 53 Establishments issued a valid license to sell alcohol may operate a teenage event only 54 when all alcoholic beverages are stored in a locked area and access to the locked area 55 is prohibited at all times the teenage event is open for business. , 56 . 57 58 59 ~+gbtsl~~ 60 61 63 64 (d) Manager means the person to whom the permit is issued or any person 65 present at the dance hall or teenage event who is charged with 66 ,~ 67 nnor~++inn~ +ho norcnn ~n+inn in hie ~+o^.+ supervising the event or in any way conducting 68 its business, or both. 69 70 (e) Person means any individual, group of individuals, corporation, partnership, 71 association or other entity formed for the purpose of conducting business, or any 72 combination of the foregoing. 73 74 Sec. 4-17. Violations of article. 75 76 (a) Any person violating any provision of this article, or any term, condition or 77 restriction of a permit granted under this article, or failing to comply with any action of 78 the city manager pursuant to section 4-35, shall be guilty of a Class 3 misdemeanor. In 79 addition thereto and not in lieu thereof, any continuing violation of any provision of this 80 article may be enjoined by the circuit court upon application of the city attorney. 81 82 (b) Neither the commencement of criminal or civil proceedings under this 83 section, nor any judgment rendered therein, shall preclude the city manager from taking 84 action in accordance with section 4-35. 85 86 Sec. 4-18. Security officers required. 87 88 ~ At least eae (-1. 2) two uniformed, ~elise-eff+seF 89 fully certified Department of Criminal Justice Service (DCJS) security 90 officers or law enforcement officers shall be provided, at the expense of the eweeFar 91 epeKater permittee, for every one hundred (100) patrons, or portion thereof, in 92 attendance at any phis dance hall or teenage event 93 94 ~ During any dance hall or teenage event the occupancy load is restricted to 95 the number assigned by the Fire Marshall's Office or the number for which security 96 guards are present, whichever number is lower. 97 98 ~ Every security officer must provide proof of DCJS certification if requested 99 by a police officer. The manager shall be guilty of a Class 3 misdemeanor for each 100 security guard who fails to provide such proof upon request. 101 102 Sec. 4-19. Right of entry of police and fire marshal; enforcement. 103 104 The chief of police shall enforce the provisions of this aArticle, and for that 105 purpose, ~eJ+se-e#ise~s any law enforcement officer of the city may enter any die 106 dance hall or teenage eig#tslu~ event for which a permit has been granted or is required 107 under this aArticle during all hours of operation. 108 109 Sec. 4-20. Entry prohibited *^ ^°.~+~~n n°r~^nc. 110 111 (a) ale--pe~ser~ The manager shall not allow any patron under the age of 112 eighteen (18) years shaf4 to remain in a p~l+s dance hall after ~:BA 10:30 p.m. unless 113 lawfully employed therein. 114 115 (b) ~e-pe~sen The manager shall not allow any patron eighteen (18) years of 116 age or older who does not possess a current high school identification card or who is 117 not the parent or legal guardian of a patron shalt to enter, ^r ho morn,;++o,~ +„ o„+or a 118 teenage ~b event during hours of operation unless for purposes related to his 119 lawful employment; ee-and the manager shall not allow any juvenile under 120 the age of fourteen (14) years ehatl to enter a teenage ~b event for any reason. 121 122 (c) The manager of any pabl+o dance hall or teenage ~b event shall 123 conduct, or cause to be conducted, a positive identification check of each persea ap tron 124 seeking admittance to ensure compliance with this section. Acceptable forms of 125 identification include valid government-issued or school-issued identification cards. 126 However, where a patron under the age of 18 has no identification card, a note from his 127 or her parent or legal guardian that provides the following information: (i) name and age 128 of underage patron; (ii) name of parent or legal guardian; (iii) name/location of teen 129 event; and (iv) phone number where parent or legal guardian may be contacted at any 130 time during the teen event. 131 132 (d) It shall be unlawful for any pe~ser~ ap tron to falsely represent his or her age 133 in order to gain admittance to a pt~bl•is dance hall or teenage ~b event or for 134 anyone per-sen to aid, abet or assist in making such false representation. 135 136 Sec. 4-21. Required closing hours. 137 138 ~ No olio dance hall shall remain open after 2:00 a.m. 139 140 (b) No teenage event shall remain open after 10:30 p.m. 141 142 Secs.4-22--4-31. Reserved. 143 144 DIVISION 2. PERMITS. ; REVOCATION* 145 146 Sec. 4-32. Permit required. 147 148 ~ Ne It shall be unlawful for any person sly to conduct or operate a +s 149 dance hall or teenage ~b event in the city without a valid permit authorizing the 150 operation of such °c+ohlichm°n+ event. Any public safety employee may require 151 patrons present at an unpermitted dance hall or teenage event to immediately disperse. 152 153 (b) It shall be unlawful for any person to rent or lease a premises to any third 154 party for the purpose of conducting or operating a dance hall or teenage event unless 155 the third party has obtained the permit required under this section. 156 157 (c) Except as otherwise set forth in this subsection, no permit for a dance hall or 158 teen event shall issue for a period of more than three consecutive days, the dates of 159 which shall be specified on the face of the permit. Notwithstanding the foregoing, any 160 applicant who owns the property upon which a dance hall or teen event is to be 161 operated or who is a tenant under a lease providing for the continuous and exclusive 162 control and occupancy of such property for a period of at least one year from the 163 proposed effective date of the permit may apply for a permit that may be valid for one 164 year. Rights exercised under the provisions of a one-year permit are not transferable to 165 any third party. 166 167 Sec.4-33. Application. 168 169 (a) on„ n°rcnn rl°cirin~r +To obtain a permit required by this article a person 170 shall submit an application +h to the city manager.~seem~araied--fey To obtain a 171 permit to operate a dance hall or teenage event the applicant shall pay a nonrefundable 172 processing fee of one hundred dollars ($100.00). Such application shall contain, or have 173 appended to it, the following information: 174 175 (1) The street address where the proposed dance hall or teenage ~~ 176 event is to be located; 177 178 (2) the name and residence address of each manager or other person 179 who has a sponsorship or financial interest in the proposed dance hall 180 or teenage event; '^'~ if +h° n,~,n°r nr n,e,n°rc ~niill nn+ h° +h° 181 nanl~i inrlivirli ~~Ic r~r~nneihl° fnr +h° monon°m°n+ of +h° °c+~hli~hm°n+ 182 ,_ 183 (3) If the applicant for the dance hall or teenage event 184 ep rmit is a corporation or other entity, such application shall set forth 185 the names and residence addresses of the officers and directors of 186 such corporation or other entity, or; if there are no such officers or 187 directors, the names and addresses of all persons having an 188 ownership interest therein of twenty (20) percent or more; 189 190 (4) If food is offered, Aa statement as to the type of food to be offered and 191 a description of the facilities to be ~e~ide~ utilized for the preparation 192 and service thereof, together with appropriate Health Department 193 permits or copies of filed applications therefore; 194 195 (5) A written certification by the zoning administrator that the proposed use 196 of the property is permitted and that there is sufficient vehicular parking 197 provided on the property to meet the requirements of the sCity Zoning 198 Ordinance [Appendix A]; 199 200 (6) A written certification by the building official that the proposed structure 201 or property is in compliance with the requirements of the Uniform 202 Statewide Building Code for the proposed use; 203 204 (7) Certification from the commissioner of the revenue that required 205 business license(s) has or have been obtained; 206 207 ; 208 209 /7\ If +h° y>C3~5 fnr o n,,hlin rJonn~~~~F4 o c~~~°m°ri~ of 21 0 ~~h eti~° re °TVT-rtv e~ .~~e'S-a~-ttt~~~ r~ r° m i ~ ° 211 212 ,~ , 213 ~ ; 214 215 ~ Applicant shall certify compliance with the requirements of ~ 4-18. For 216 1-3 day permits, certification from DCJS must be submitted for all 217 security personnel prior to the event; 218 219 (~9) The name and address of the person who is designated to receive 220 notices on behalf of the applicant ~ ; a~ 221 222 (S10) A statement of whether any of the individuals whose names are 223 required to be set forth in the application pursuant to subdivisions (2) 224 and (3) has ever applied for, or had an ownership interest in any 225 business entity which applied for, a permit required by this article or a 226 similar ordinance of any other county, city or town. If such statement is 227 in the affirmative, the applicant shall give full particulars as to the 228 nature of the application, the date thereof, and the disposition of the 229 application-; and 230 231 (11) Proof of liability insurance underwritten by insurers acceptable to the 232 city, indemnifying the applicant against any perils, suits, claims and 233 losses which may arise in connection with the proposed event. Such 234 coverage shall be in amounts consistent with a standard schedule 235 approved by the city manager, based upon risks associated with each 236 type of event, in consideration of anticipated attendance. 237 238 , 239 240 241 , 242 , 243 , 244 245 246 247 , 248 249 250 251 252 , 253 ~ia~iag: 254 255 (b) In the case of 1-3 day permits, applications for permits shall be submitted at 256 least thirty (30) days prior to the event. In the case of 1-year permits, applications for 257 permits shall be submitted at least thirty (30) days prior to the first event. All applications 258 shall be approved by the Police Department, Planning Department/Zoning, 259 Commissioner of the Revenue and the Fire Marshal's office, and the Virginia Beach 260 Health Department if food or beverages are available. Such entities must be permitted 261 access to the event location for inspection purposes prior to the issuance of the permit. 262 263 264 Sec. 4-34. ~°~-gGrant or denial; conditions; hearing. 265 266 (a) The application shall be granted if it contains all of the information and 267 certifications required by section 4-33 and: 268 269 (1) None of the individuals whose names are required to be set forth in the 270 application pursuant to section 4-33 has been convicted of a felony or of any 271 crime involving moral turpitude or the possession or sale of, attempted 272 possession or sale of, or conspiracy to possess or sell, a controlled 273 substance, alcohol or firearms; and in the case of an application for a permit 274 to operate a teenage ~~ event, in addition to the foregoing, 275 contributing to the delinquency of a minor or any other criminal offense 276 against a juvenile; 277 278 (2) There has been no misrepresentation or misstatement concerning, or 279 omission of, any fact, material or otherwise, in the application, whether such 280 misrepresentation, misstatement or omission is intentional or inadvertent; 281 a+~d 282 283 (3) , 284 r,°r+p~~f r,r°n°~ed-mot r~r,~~+ i.~-~,^'~ing a~~--e~-s+te--pa~l~~ag; +s 285 286 287 ~re~t~c~-er~~ i~°~ ^r ^~-r,r~; i~~~,~tie+a-None of the individuals 288 whose names are required to be set forth in the application have been 289 convicted of any violation of this article within the last twelve (12) months; 290 and. 291 292 ~ The event is not located in a residential dwelling; including but not limited to 293 single-family, duplex or multi-family dwellings. 294 295 (b) 296 , 297 `L98 nnmr~li°e ~eii+h ti-tl: ~ „ir~~~ fnr +h° ronfin of o n°rmi+ nn +hn-hncic~sf__4ht3 wmpncv-~v'rcrr e~urr ~vi-"ma.. ~rarnrT~-vrcr~r~... ~ ..... .......... .. 299 , 300 , 301 302 303 , 304 .,^^'i^'+~ 'nom;°" "° ~'°^i°~'. The city manager shall grant or deny the application 305 within fourteen (14) days after receipt by him of a complete application; provided, 306 however, that in the event the city manager is unable to determine within such time 307 whether or not the application complies with the requirement for granting a permit on the 308 basis of the information provided, he may so notify the applicant and require the 309 applicant to provide such additional information as may be necessary. 310 311 (c) The city manager may attach such conditions to a permit as are reasonably 312 related to the preservation and protection of the public peace and order. 313 314 (d) A permit shall not be issued to a person, nor shall a permit be deemed to 315 authorize the operation of a Rio dance hall, or teenage ~igk~tsla~ event by any 316 person, other than the applicant or applicants whose names are set forth in the 317 application. 318 319 (e) Any permit holder aggrieved by a decision of the city manager may appeal 320 such action to the circuit court by proper application filed within thirty (30) days from the 321 date of such decision. 322 323 Sec. 4-35. Conditions and restrictions; revocation~ts ;violations. 324 325 (a) Every permit granted under this article shall be subject to the 326 conditions and restrictions stated in the permit and to all applicable 327 laws, ordinances and regulations. Notwithstanding any rights or 328 privileges conferred by the permit, any imminent threat to public 329 safety may be immediately abated by a law enforcement officer.. 330 331 332 ~"~,-Thy ' ^n^^er-ma.,; a#er~stise-aaa--"ea~+ag, takr ~ ~rh ~n+inn_~c~ 333 , 334 ''`rnc"+r+4°iJ °+ e, tnh h°7rinn +h7+: 335 336 f ~ \ Thn n~+~hlichm°n+ is ~ n„hlir n„iconr•°• 337 338 339 ~~n'~rc• if e„nh °c+ohlichm°n+ is ° n„hlir• rJ~nro L~aIL• 340 341 12\ Th•++ +h° °~+~+hli~hmnn+ is frnn„nn+°r! by n°r~nnc °nnon°rl in rlicnrrl°rht iv7-rrT~crr ... .......~~............. ... .....~............. ...~ ~............ .....~...~...,. ... -...._.~~..~, 342 ,' ; 343 344 345 ~° \/irnini•+ Ciro Dr~~+inn (`nr!°~ +h°~Tn~nnT~a-viT~vrrmr~`~at°~~iirl° R„ilrlin 346 vva° +h° (`i+a 7nninn (lrrJinonrn f-~nnnnr~iv 41 n„hlir h°~I+h r°n„1°+innc nr ....~ ...~ ~.......y ....~...........~ ~.,.rr,.~.._.....~, r__.._ ..__..... .~~_._..._.._ _. 347 ; 348 349 «~`-T~h~-eat^h~hmea+ n~Fe~' ;s~-s^~I+ar~~w+th~"e +~s 350 ';' ; 351 352 IG.'\ Thn ~nnlino+inn r•nn+~ine ~n~i mic r°nr°c°n+~+inn mimic+~+omonf _nr nmiocinn jvl--nom ... ...~~~ .~~~.....p.~.................., ....................... ... ..............., 353 ~°n+inn'+I nr IRc~dv2r~2R~, 69fl62FR+R~nn~i infnrm~~~~_r~~rJ +~c 354 , "......y `1`"~~"`" 355 356 ~~\ Thn nnrmi+ hoc h°nn nccinnnrJ nr n+h°neiic° +roncf°rr°rl nr +h° n°rmi+ hnlrlnr , 357 358 359 ~ The granting of any permit required by this section shall not eliminate any 360 requirement for any other permit(s) which may be prescribed by any other federal, state 361 or local statutes, ordinances, rules or regulations, or compliance with any other 362 applicable federal. state or local statutes, ordinances, rules or regulations. 363 364 ~ Nothing in this article shall supersede the provisions of the City Zoning 365 Ordinance. 366 367 (s d~ Upon the submission by the chief of police of a written complaint to the city 368 manager, setting forth facts which, if proven, would constitute grounds for taking any of 369 the actions set forth in subsection ~}~f , the city manager shall promptly notify the 370 permit holder, or his designee for receiving notice, of such complaint and schedule a 371 hearing thereon. Such grounds shall be limited to those set forth in subsection {~}~. 372 The notice shall be personally delivered or sent by certified or regular mail to the person 373 designated to receive such notices and shall: 374 375 (1) Set forth the facts upon which the complaint is based or, alternatively, make 376 reference to the complaint and contain a copy of such complaint as an 377 attachment; 378 379 (2) State the actions which may be taken by the city manager pursuant to 380 subsection {d~~f or, alternatively, make reference to this section and contain 381 a copy thereof as an attachment; 382 383 (3) State the date, time and place of such hearing, which shall not be held less 384 than seven (7) days after the date the notice is mailed or delivered; and 385 386 (4) State that the applicant is entitled to be present at the hearing, in person or 387 by a representative, and to present evidence on his behalf. 388 389 (e) In cases involving one-year permits, the city manager may, after notice and 390 hearing take such action as is allowed pursuant to subsection (fl if he finds, by a 391 preponderance of the evidence presented at such hearing, that: 392 393 (1) The establishment is a public nuisance; 394 395 (2) The establishment is frequented by patrons under the age of eighteen (18) 396 years after 10:30 p.m.; 397 398 (3) That the establishment is frequented by patrons engaged in disorderly, 399 violent, indecent or unlawful conduct; 400 401 (4) The operation of the establishment is in violation of any of the provisions of 402 the Virginia Fire Prevention Code, the Virginia Uniform Statewide Building 403 Code, the City Zoning Ordinance, public health regulations or any provision 404 of this article; 405 406 (5) The establishment or its operation is not in strict compliance with the terms 407 of the permit; 408 409 ~6) The application contains any misrepresentation, misstatement or omission, 410 intentional or inadvertent, concerning any information required to be 411 provided in, or in connection with, the application; or 412 413 (7) Illegal drugs or beverages containing alcohol were consumed or sold during 414 the permitted event; or 415 416 (8) Patrons employees or persons under the influence of illegal drugs or 417 alcohol were allowed entrance into the permitted event. 418 419 (d ~ If the city manager finds, by a preponderance of the evidence presented at 420 such hearing, that one (1) or more of the grounds alleged in the complaint have been 421 proven, he may: 422 423 (1) Revoke the permit; 424 425 (2) Suspend the permit; 426 427 (3) Attach one (1) or more additional conditions or restrictions to the permit; or 428 429 (4) Require the posting of a bond, in an amount and form satisfactory to the city 430 manager, securing to the city the faithful performance of the terms and 431 conditions of the permit and compliance with all applicable laws, ordinances 432 and regulations. 433 434 The city manager shall render a decision within ten (10) days of the date of the 435 hearing and shall promptly notify the permit holder, or the person designated to receive 436 notices, of the action taken by the city manager. Such notice shall be sent by certified or 437 registered mail. 438 439 (e g~ Any permit holder aggrieved by a decision of the city manager may appeal 440 such action to the circuit court within thirty (30) days from the date of such decision; 441 provided, however, that the commencement of such appeal shall not stay the action of 442 the city manager. 443 444 Sec. 4-36. Not transferable. 445 446 A permit granted under this article shall not be transferable. 447 448 Sec. 4-37. New permit upon change in location. 449 450 , 451 , 452 , ~ ~ .Any change in the location of a 453 ~ dance hall or i°c °ry° """'h+~I~ ~h teenage event shall invalidate 454 the permit. 455 Sec.4-38. Exemptions. 456 457 The provisions of this article shall not apply to any dance hall or teenage event 458 officially sponsored by a school, religious use or governmental entity; field-#s~ 459 , 460 unless the dance hall or teenage event is held 461 in an Alcoholic Beverage Control Board-licensed establishment .Nothing in this section 462 exempts any school, religious use or governmental entity from the provisions of any 463 other city or state laws or regulations, including but not limited to Zoning, Health 464 Department, and Building Code regulations and laws. 465 466 467 Sec. 4-39. Special provisions applicable to teenage events. 468 469 The provisions of this section shall apply only to teenage ~i~s events. 470 471 (a) It shall be unlawful to employ anyone who has been 472 convicted of any offense set forth in section 4-34(a)(1) ~n~ii "° °^~^~^~~°~' ~^ at a 473 teenage ~b event. 474 475 ~;- T„~ot°Ae~-e#-p°~o~er +-~~eorees~.;~~.,~-~^re~cse°~t~ 476 ^~ imhor .,f c•°o+c o+ env +im° 477 478 ~~~-teemg~+~+g#tsl~~sha~~em~-o;~e-a~~+°r ~ ~:~zn ^ „-, ~~o.,+ +~t~~."-~ 479 oc+ohlichmon+c mo~i r°moin nr~on fnr n.,° (11 ~r~rli+inr~~l hni ~r nn AI°~ni V°~r~c ~~i° 480 481 (d b) It shall be unlawful to permit anyone under the influence 482 of alcohol or a controlled substance to enter upon, or remain within, a teenage ~b 483 event. 484 485 (e c) No patron, having exited a teenage ~b event, shall be permitted to 486 reenter the premises on the same day or remain on the property. 487 488 Sec. 4-40. Special provision applicable to one-year permits. 489 490 Persons exercising authority under the provisions of a one-near permit shall 491 provide the Police Commander of the precinct in which the premises is located, a 492 minimum of seven (7) days written notice prior to any dance hall or teenage event. 493 494 .... 495 496 Sec. 18-76. Dance halls and teenage events. 497 498 (a) Every person operating a phis dance hall or teenage event shall pay an 499 annual license tax of $200.00. A manager of a dance hall or teenage event shall also 500 collect and remit all required taxes, including but not limited to, admissions taxes as 501 required by Section 35-182 of this Code. 502 (b) For the purposes of this section, the terms "lis dance hall" ~k-all--f3e 503 504 505 506 507 ." and "teenage event" are defined as provided in 508 Section 4-16 of this Code. 509 510 (c) No license shall be issued under this chapter for the operation of a I+s 511 dance or teenage event hall unless a permit, as required by article II of chapter 4 of this 512 Code, has been granted. 513 514 (d) Upon conviction of a violation of article II of chapter 4 of this Code by any 515 person holding a license for the operation of a I+s dance hall or teenage event, such 516 license may be revoked. 517 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22"a day of June, 2010. -58- Item J.1. d. ORDINANCES/RESOLUTION ITEM # 60069 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the City Code re REPEAL Section 2-285 re Consumer Protection Division of the Commonwealth Attorney's Office; and, AMEND Sections 32-17, 32-18, 32-26, 32-27 and 32-29 for Out of Business Sales Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 1 AN ORDINANCE TO REPEAL SECTION 2- 2 285 PERTAINING TO THE CONSUMER 3 PROTECTION DIVISION OF THE 4 COMMONWEALTH ATTORNEY'S OFFICE 5 AND AMEND SECTIONS 32-17, 32-18, 32-26, 6 32-27 AND 32-29 PERTAINING TO OUT OF 7 BUSINESS SALES 8 9 SECTION REPEALED: § 2-285 10 SECTIONS AMENDED: §§ 32-17, 32-18, 32-26, 32-27, and 32-29 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Section 2-285 of the Code of the City of Virginia Beach, Virginia, is hereby 16 repealed and Sections 32-17, 32-18, 32-26, 32-27 and 32-29 are hereby amended: 17 19 20 21 22 23 . 24 25 ' 26 27 28 29 30 ~ ~ , 31 , 32 naanage~ 33 34 35 36 d-dies- 37 38 ARTICLE I. IN GENERAL 39 40 Secs. 32-1--32-15. Reserved. 41 42 ARTICLE II. GOING-OUT-OF-BUSINESS SALES 43 44 DIVISION 1. GENERALLY 45 46 Sec. 32-16. Violations of article. 47 48 Any person who shall violate any of the provisions of this article shall be guilty of 49 a Class 1 misdemeanor, and each day's business in violation of the provisions of this 50 article shall constitute a separate offense. 51 52 Sec. 32-17. Advertisement or sale of uninventoried goods. 53 54 (a) It shall be unlawful for any person connected with a sale authorized by a 55 permit issued under this article to advertise or to sell, during the period covered by such 56 permit, any goods which are not specified in the inventor filed pursuant to section 32-27. 57 58 (b) In addition to any other penalties prescribed by law, the ssns~er 59 commissioner of the revenue shall revoke any special sale permit 60 upon proof that goods not appearing on the original inventory of special sale goods filed 61 pursuant to section 32-27 have been commingled with or added to the special sale 62 goods. 63 64 Sec.32-18. Inspections. 65 66 The commissioner of the revenue shall inspect the 67 advertisement and conduct of a sale authorized by a permit issued under this article to 68 insure that it is advertised and conducted in conformity with such permit. 69 70 Secs. 32-19--32-25. Reserved. 71 72 DIVISION 2. PERMIT 73 74 Sec.32-26. Required. 75 76 It shall be unlawful for any person to advertise or conduct a sale for the purpose 77 of discontinuing a retail business, or to modify the word "sale" in any advertisement with 78 the words "going out of business" or any other words which tend to insinuate that the 79 retail business is to be discontinued and the merchandise liquidate, unless such person 80 has a valid permit to conduct such sale issued by the 81 commissioner of the revenue of the city. 82 83 Sec.32-27. Application. 84 85 (a) Application for a permit required by this division shall be filed, on forms 86 provided for the purpose, with the commissioner 87 of the revenue. Such application shall be accompanied by an inventory, including the 88 kind and quantity of all goods which are to be offered for sale during the sale for which 89 the permit is sought. 90 91 (b) It shall be unlawful for any person to make any false statement in any 92 application filed pursuant to this section. 93 94 Sec.32-28. Fee. 95 96 The fee for a permit required by this division shall be sixty-five dollars ($65.00). 97 State law references: Authority to charge above fee, Code of Virginia, § 18.2- 98 224. 99 100 Sec.32-29. Issuance. 101 102 The commissioner of the revenue shall issue permits 103 required by this division to retail merchants upon the filing of a proper application and 104 payment of the prescribed fee. 105 106 Sec.32-30. Term. 107 108 Each permit issued under this division shall be valid for a period of no longer than 109 sixty (60) days and any extension of that time shall constitute a new sale and shall 110 require an additional permit and inventory. A maximum of one (1) permit beyond the 111 initial sixty-day permit may be granted solely for the purpose of liquidating only those 112 goods contained in the initial inventory list and which remain unsold. The repeal of this ordinance shall be effective July 1, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of June , 2010. APPROVED AS TO CONTENT: t ~ Com nwealth's Attorney APPROVED AS TO CONTENT: . • Co fission o R venue APPROVED AS TO LEGAL SUFFICIENCY: ney's Office CA11536 R-3 June 10, 2010 59 Item J.2. ', ORDINANCES/RESOLUTION ITEM# 60070 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY ', CONSENT: Ordinance to ACCEPT a Cooperative Agreement for legal services between City Council and the School Board and AUTHORIZE Mayor '~, Sessoms to execute said Agreement for FY 2011 Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None ~, June 22, 2010 !, AN ORDINANCE APPROVING A COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2011 WHEREAS, the Office of the City Attorney has, for a number of years, provided legal services to the Virginia Beach School Board and School Administration pursuant to Cooperative Agreements; WHEREAS, the Cooperative Agreement for FY 2010, which expires on June 30, 2010, provides that "[t]his Cooperative Agreement ... may be revised, as necessary, and renewed each fiscal year ...;" and WHEREAS, City Council agrees that it is in the best interests of the City and the School Board for the Office of the City Attorney to continue to provide legal services to the School Board pursuant to the revised Cooperative Agreement for FY 2011. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That the City Council hereby approves the Cooperative Agreement for FY 2011, a copy of which is attached hereto. 2. That the Mayor is hereby authorized to execute the Cooperative Agreement on behalf of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of ,Tune .2010. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ~~ ~/` City Attorney CA11552 R-1 June 15, 2010 COOPERATIVE AGREEMENT BETWEEN THE CITY COUNCIL AND THE SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH PERTAINING TO LEGAL SERVICES TO BE PROVIDED TO THE SCHOOL BOARD AND SCHOOL ADMINISTRATION BY THE OFFICE OF THE CITY ATTORNEY IN FISCAL YEAR 2011 Factual Background: 1. City Charter Authority. Chapter 9 of the Charter of the City of Virginia Beach, Virginia ("City Charter") provides that the City Attorney shall be the chief legal advisor of the City Council, the City Manager, and all departments, boards, commissions and agencies of the City in all matters affecting the interests of the City, and that he shall have such powers and duties as maybe assigned by the City Council. 2. Appointment of City Attorney. The City Charter also provides that the City Attorney is appointed by the City Council and serves at its pleasure. 3. School Board Authority. The School Board is established by the Virginia Constitution, the City Charter, and provisions of general law, and is a body corporate vested with all of the powers and duties of local school boards conferred by law, including the right to contract and be contracted with, to sue and be sued, and to purchase, take, hold, lease, and convey school property both real and personal. 4. School Board Authority to Hire Legal Counsel. The School Board is authorized by Section 22.1-82 of the Code of Virginia (1950), as amended, to employ counsel to advise it, and to pay for such advice out of funds appropriated to the School Board. 5. Recognized Reasons to Share Legal Services. Both the City Council and the School Board have recognized that the reasons for sharing services of the City Attorney's Office include potential savings to taxpayers, expertise of the City Attorney's Office in City Council and School Board matters, institutional memory, and the ability of the City Attorney's Office to 1 provide a wide range of legal services to the School Board based on the expertise of the attorneys in numerous specialized areas of the law. 6. Professional Judgment of City Attorney. The Virginia Rules of Professional Conduct for the Legal Profession require the independent professional judgment of the Office of the City Attorney on behalf of its clients. 7. Potential Ethical Conflicts. The City Council and the School Board recognize that the potential for conflicting interests between the City Council and School Board may arise and that, in such cases, the City Attorney must refrain from representation of interests which may conflict. 8. Identification of Conflicts. The City Council and the School Board also recognize that they must work together and with the City Attorney to identify any real or perceived potential for conflict at the earliest possible time, advise each other and the City Attorney of any such conflict as soon as it arises so as not to compromise the interests of the City Council or the School Board, and assist the City Attorney in avoiding any violation or appearance of violation of the Code of Professional Responsibility. 9. Continuation of Services. The City Council and the School Board further recognize that it remains in the best interest of the taxpayers of the City for the School Board to continue to use the legal services of the Office of the City Attorney to the extent that no real or perceived conflict is present, and to the extent the City Attorney is budgeted and staffed to handle assigned legal business of the School Board. Ob i ectives The objective of this Cooperative Agreement is to define the scope and nature of the relationship between the City Attorney's Office and the School Board, to provide for the delivery 2 of designated legal services to the School Board, and to avoid any real or perceived conflict in the delivery of those services. Agreement• NOW, THEREFORE, the City Council and the School Board hereby agree as follows: 1. Legal Staffing. The Office of the City Attorney will provide the equivalent of two and one half (2 'h) attorney positions (or 4,125 hours per year) and one (1) secretarial position during FY 2011. The services to be provided as follows: A. The City Attorney will assign two attorneys on-site at the School Administration Building for provision of legal services to the School Board and the School Administration. As determined by the City Attorney, the attorneys will devote substantially all of their time (i.e., approximately 3,300 hours per year) to the provision of legal services to the School Board and School Administration. For the term of this Agreement, those attorneys will be Kamala H. Lannetti, Deputy City Attorney, and LaRana Owens, Associate City Attorney. The City Attorney reserves the right to reassign attorneys to meet the legal needs of the School Board and School Administration in accordance paragraph 1D. B. The City Attorney will dedicate one Secretary on-site at the School Administration Building who will devote substantially all of his/her time to the support of legal services to the School Board and School Administration. C. The remaining attorney hours will be provided by the other attorneys in the Office, based upon their various areas of expertise with school-related legal issues, student services, real estate matters, human resources and employee benefits matters, contracts, general administrative and procedural issues, 3 litigation, and other legal matters. Attorneys assigned to handle School Board matters will remain on-call to handle legal matters throughout the week. The City Attorney's Office will endeavor to handle as many legal matters in-house as it is capable of handling subject to the provisions of this Agreement. D. During the term of this Agreement, and subject to reassignment in the judgment of the City Attorney, the selection of the assigned attorneys shall be mutually agreed upon by the City Attorney and the School Board. Additionally, if a majority of the Members of the School Board expresses dissatisfaction with the legal services provided by the assigned attorney, or by any other attorney providing services to the School Board, the City Attorney will meet with the School Board to discuss and evaluate its concerns. Furthermore, if the School Board and the City Attorney agree that the most reasonable way to address the School Board's concerns is to assign another attorney or other attorneys to represent the School Board, the City Attorney will use his best efforts to make such an assignment(s) as soon as possible. 2. Communication and Reports. Throughout the term of this Agreement, the Office of the City Attorney will maintain an open line of communication with the School Board and the Division Superintendent, and will keep each apprised, on a regular basis, of the status of all legal matters being handled on behalf of the School Board and School Administration; provided, however, that the Office of the City Attorney shall not communicate with the Superintendent concerning those matters being handled on a confidential basis for the School Board or for individual School Board Members in accordance with applicable School Board policies and applicable provisions of the Superintendent's contract. Additionally, the Office of 4 the City Attorney will provide the Superintendent and the School Board an annual report of the legal services and attorney hours provided pursuant to this Agreement and, upon request of the School Board, the School Board Chairman, or the Superintendent, will identify the amount of attorney hours expended in response to inquiries from individual School Board Members. 3. Management of Legal Affairs. The City Council and the School Board recognize and understand that the School Board shall be responsible for the management of its legal matters; that, to the extent contemplated by this Agreement, the City Attorney shall be designated as the chief legal advisor of the School Board and the School Administration, and shall assist the School Board and School Administration in the management of the School Board's legal matters; and that the City Attorney or his designee shall report to the School Board concerning those matters he has been assigned by the School Board to manage and/or handle on its behalf. 4. Ethical Conflicts Concerning Representation of Parties. The City Council and the School Board recognize the potential for real or perceived conflicts in the provision of legal services by the City Attorney, and agree to be vigilant in advising the City Attorney of such issues as they arise. Additionally, the City Council and the School Board understand that in such cases, the City Attorney will refrain from participation on behalf of the School Board but, to the extent ethically permissible in accordance with the Rules and Procedures of the Virginia State Bar, will continue representation of the City Council. 5. Ability to Provide Legal Services. The City Council and the School Board further recognize that the ability of the City Attorney's Office to provide legal services to the School Board is limited by the attorney hours allocated pursuant to this Agreement, the other provisions of this Agreement, and ethical constraints as they may arise. 5 6. Nature of Agreement. The parties agree that this Cooperative Agreement is not a contract to be enforced by either party but is rather an agreement setting forth the understanding of the parties regarding the parameters within which the Office of the City Attorney will provide legal services to the School Board and School Administration. 7. Payment for Services. The City shall forward to the School Board IDT requests in the amount of $350,625.40 its FY 2011 Operating Budget to the FY 2011 Operating Budget of the Office of the City Attorney to fund the annual salaries, benefits, and certain administrative costs of two and one half (2.5) attorneys and one (1) Legal Secretary. IDT requests of 25% of the total shall be made by the City and funds transferred by the School Board on or about July first, October first, January first, and April first. 8. Term and Termination of Agreement. This Cooperative Agreement shall commence with the fiscal year of the parties which begins July 1, 2010, and ends June 30, 2011, and may be revised, as necessary, and renewed each fiscal year thereafter; provided, however, that each party shall give the other party notice of any intention to revise or not to renew the Agreement within one hundred twenty (120) days of the date of expiration of this Agreement, or any renewal hereof, in order that the other party will have the opportunity to make appropriate budget and staffing adjustments. 6 The parties hereby agree to the terms set forth above. SCHOOL BOARD OF THE CITY OF VIRGINIA BEACH By: Daniel D. Edwards, Chairman School Board of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the School Board of the City of Virginia Beach, Virginia on Sung 8 , 2010. By: k~G~.-Cky~.~t~"~ C~C..Fi~O~-u-E~e~c~ School Board Clerk CITY COUNCIL OF THE CITY OF VIRGINIA BEACH By: William Sessoms, Mayor City Council of the City of Virginia Beach: This Cooperative Agreement was approved by majority vote of the City Council of the City of Virginia Beach, Virginia on , 2010. By: City Clerk 7 -60- Item J.3. ORDINANCES/RESOLUTION ITEM # 60071 John D. Moss, 4109 Richardson Road, represented the Virginia Beach Taxpayers Alliance, Phone: 363-7745, and spoke in OPPOSITION. Mr. Moss believes there should be a firm design and a firm fixed price bid contract. Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution making a Public Purpose Determination under the PPEA to AUTHORIZE the City Manager to execute a Comprehensive Agreement with Armada Hoffler for the design, construction and outfitting of the Adoption-Friendly Animal Shelter with a start date of July 1, 2010 Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Coi.mcil Members Absent: None June 22, 2010 1 A RESOLUTION MAKING A PUBLIC PURPOSE 2 DETERMINATION UNDER THE PPEA, 3 AUTHORIZING THE CITY MANAGER TO 4 EXECUTE A COMPREHENSIVE AGREEMENT 5 FOR THE DESIGN, CONSTRUCTION, AND 6 OUTFITTING OF THE ADOPTION-FRIENDLY 7 ANIMAL SHELTER, AND SETTING AN 8 APPROXIMATE START DATE 9 10 WHEREAS, on June 5, 2009, the City received an unsolicited proposal pursuant 11 to the Virginia Public-Private Education Facilities and Infrastructure Act ("PPEA") from 12 Armada Hoffler for the design, construction and outfitting of the Adoption-Friendly 13 Animal Shelter ("Animal Shelter Project"); and 14 15 WHEREAS, on June 23, 2009, the City Council was briefed on the unsolicited 16 proposal, and the Council accepted the unsolicited proposal while the staff was directed 17 to issue a notice seeking other conceptual proposals for the Animal Shelter Project; and 18 19 WHEREAS, on June 29, 2009, the City posted a public notice requesting 20 conceptual proposals pursuant to the PPEA for the Animal Shelter Project; and 21 22 WHEREAS, the City received two conceptual proposals for the Animal Shelter 23 Project, an updated conceptual proposal from Armada Hoffler and a conceptual 24 proposal from W.M. Jordan; and 25 26 WHEREAS, on October 13, 2009, the City Council was briefed on the responses 27 to the request for conceptual proposals, and the Council directed staff to proceed to the 28 detail phase of the PPEA process; and 29 30 WHEREAS, on October 23, 2009, the City requested detailed proposals pursuant 31 to the PPEA for the Animal Shelter Project; and 32 33 WHEREAS, the City received two detailed proposals for the Animal Shelter 34 Project, one from Armada Hoffler and one from W.M. Jordan; and 35 36 WHEREAS, on January 26, 2010, the City Council was briefed on the responses 37 to the detailed proposals and, after reviewing the information provided by staff and the 38 staff's recommendation, the Council directed staff to continue negotiations with Amada 39 Hoffler; and 40 41 WHEREAS, on May 11, 2010, the City Council approved the FY 2011 Capital 42 Budget, which included full funding for the Animal Shelter Project in C.I.P. # 3-054; and 43 44 WHEREAS, on May 16, 2010, a notice of public hearing was published in the 45 Beacon for a hearing to be held on May 25, 2010; and 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 WHEREAS, on May 21, 2010, a copy of the comprehensive agreement in substantially completed form was posted on the City website (www.vbgov.com); and WHEREAS, on May 25, 2010, a public hearing was held in the City Council Formal Session with four speakers participating in the hearing. NOW, THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA. THAT: 1. Based upon the City's review of the proposals received from Armada Hoffler and W.M. Jordan and information and advice provided by City staff, the City Council determines that entering into a comprehensive agreement for the design, construction, and outfitting of the Adoption-Friendly Animal Shelter with Armada Hoffler will serve the public purpose because (i) there is a public need and benefit to be derived from such agreement, (ii) the price of such design, construction, and outfitting is reasonable in relation to similar facilities, and (iii) the agreement will result in the timely development of the Animal Shelter. 2. The City Manager or his designee is hereby directed to execute, after approval for legal sufficiency by the City Attorney or his designee, the comprehensive agreement pursuant to the PPEA with Armada Hoffler. 3. The approximate start date for the comprehensive agreement is July 1, 2010. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22nd day of .T,,,,P , 2010. Approved as to Content Public P ~- ~~. Approved as t'o Legal Sufficiency ity rney's Office Approved as to Content ~. .~~~ A ~ g6~.~ Police CA11532 R-1 June 2, 2010 -61- Item J.4. ORDINANCES/RESOLUTION ITEM # 60072 The following registered in SUPPORT: Attorney Bill Harrison of Williams Mullen, Phone: 473-5387, represented the applicant -Thirty-First Street, L. C. and PHR -Gold Key. During the City Council Workshop on June 1 S, 2010, Steve Herbert, Deputy City Manager, presented information re 3151 Street Development Agreement and Deed of Lease Amendment. The applicant concurs with the presentation. Bryan Cuffee -Vice President for Development, PHR -Gold Key. The following registered in OPPOSITION: Reid Greenmun, 2405 Cliff Cutter Drive, Phone: 615-4533, has reviewed the proposed changes to the Development Agreement. Mr. Greenmun disagreed with charging only $2.25 a day to Bruce Thompson for prime parking spaces. In Norfolk, at the Marriott -Waterside, the charge is between $1400 and $1500 a year for reserved parking, The City of Virginia Beach can do better. The citizens parking spaces will be taken away. The Development Agreement needs to be revised. Re the Ordinance, Mr. Greenmun referenced Lines Sl -53 of the Agreement and requested the last part of the sentence be struck: "..and such other terms and conditions deemed necessary and sufficient by the City Manager and in a form deemed satisfactory by the City Attorney ". John Moss, 4109 Richardson Road, Phone: 363-7745, represented the Virginia Beach Taxpayers Alliance. Beach residents are entitled not only to what is legal, but also performance and behavior from their elected representatives that is beyond approach and avoids all appearances of impropriety. This agreement is clouded by impropriety and not in the best interest of the public. This is special interest legislation. Steve Herbert, Deputy City Manager, advised the Developer understands to acquire anything greater in height than the 110 feet which the FAA is currently requiring, the Developer would have to apply for another obstruction evaluation to determine if the 110 foot level could be exceeded. There are three (3) sita~ations in which this Agreement would not go forward: (1) if the Developer does not receive the buildingpermit within five (S) years of the date of this Agreement, this agreement would be terminated. (2) If the Developer acquires the entire Block D, as referenced earlier, or builds a parking garage in Block D, the Lease Agreement may be terminated. (3) If the hotel is not built in three (3) years from the approval of a building permit, this Lease Agreement may be terminated. Upon motion by Councilman Davis, seconded by Councilman Uhrin, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute: a. Term Sheet--First Amendment to a Deed of Lease with the Virginia Beach Development Authority (VEDA) and Thirty-First Street, L. C. b. Amendment to the Amended and Restated Development Agreement re the Second Hotel and additional parking spaces June 22, 2010 -62- Item J.4. ORDINANCES/RESOLUTION ITEM# 60072 (Continued) Voting: 6-5 Council Members Voting Aye: Glenn R. Davis, Barbara M. Henley, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Rita Sweet Bellitto. William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer and Vice Mayor Louis R. Jones Council Members Absent: None Mayor Sessoms DISCLOSED TowneBankfinanced the 31S` Street Hilton, while he was an employee at Wachovia Bank. This debt has been paid. Councilman Uhrin DISCLOSED the City Attorney has advised he is able to participate in the transaction fairly, objectively, and in the public interest. Council Lady Wilson DISCLOSED Pursuant to Section 2.2-311 S(G), Code of Virginia regarding City Council 's discussion and vote on the Ordinance authorizing the City Manager to execute (1) a Term Sheet relating to an Amendment to the Amended and Restated Development Agreement by and among Thirty-First Street, L. C., the City of Virginia Beach Development Authority and the City of Virginia Beach; and, (2) an Amendment to that Agreement. Council Lady Wilson has a personal interest in this transaction because her husband is a principal in the accounting firm of Goodman and Company, and that company provides services to Thirty-First Street, L. C. Her husband does not personally provide services to Thirty-First Street, L. C. The City Attorney's office has advised because her husband does not personally provide services to Thirty-First Street, L.C. Council Lady Wilson may participate without restriction in Council's discussion and vote on this agenda item, upon disclosure of her interest. Council Lacly Wilson declared that she is able to participate in the transaction fairly, objectively and in the public interest. Council Lady Wilson's correspondence of June 22, 2010, is hereby made a part of the record. June 22, 2010 City of Virgiriia Beach VBgov.com ROSEMARY WILSON COUNCIL LADY - AT-LARGE In Reply Refer to 0041820 June 22, 2010 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) Dear Mrs. Fraser: PHONE: (757) 422-0733 FAX: (757) 385-5669 Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on the ordinance authorizing the City Manager to execute (1) a Term Sheet relating to an amendment to the Amended and Restated Development Agreement by and among Thirty-First Street, L.C., the City of Virginia Beach Development Authority, and the City of Virginia Beach; and (2) an amendment to that agreement. 2. I have a personal interest in this transaction because my husband is a principal in the accounting firm of Goodman and Company, and that company provides services to Thirty-First Street, L.C. My husband does not personally provide services to Thirty-First Street, L.C. 3. The City Attorney's Office has advised me that although I have a personal interest in this transaction, because my husband does not personally provide services to Thirty-First Street, L.C., the Act provides that I may participate without restriction in Council's discussion of, and vote on, this agenda item, upon disclosure of my interest. 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Fraser -2- June 22, 2010 Re: Disclosure Pursuant to Conflict of Interests Act § 2.2-3115 (H) 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, Rosemary A. Wilson Councilmember RAW/RRI 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER TO 2 EXECUTE (1) A TERM SHEET RELATING TO AN 3 AMENDMENT TO THE AMENDED AND RESTATED 4 DEVELOPMENT AGREEMENT BY AND AMONG THIRTY- 5 FIRST STREET, L.C., THE CITY OF VIRGINIA BEACH 6 DEVELOPMENT AUTHORITY AND THE CITY OF 7 VIRGINIA BEACH AND (2) AN AMENDMENT TO SAME 8 DEVELOPMENT AGREEMENT. 9 10 WHEREAS, Thirty-First Street, L.C. (the "Developer"), the City of Virginia Beach 11 Development Authority (the "VBDA") and the City of Virginia Beach (the "City") are all 12 parties to that certain Amended and Restated Development Agreement dated June 3, 13 2002 (the "Development Agreement"); 14 15 WHEREAS, as a part of the Development Agreement, the Developer and the 16 VBDA are parties to that certain Deed of Lease dated July 24, 2003 (the "Hilton Lease"), 17 by which the VBDA leases to the Developer certain real property located in the City of 18 Virginia Beach and 380 parking spaces in the VBDA-owned portion of the 31St Street 19 Parking Garage; 20 21 WHEREAS, Developer desires to build a hotel (the "Second Hotel") on that 22 certain parcel of land designated as "Proposed Hotel Site (BP Station Site)" on Exhibit A 23 attached hereto and made a part hereof; 24 25 WHEREAS, Developer has asked the VBDA and the City to amend the Lease 26 and the Development Agreement, as applicable, (i) to include up to an additional sixty 27 (60) parking spaces in the leased premises from the VBDA-owned portion of the 31St 28 Street Parking Garage and (ii) to extend the term of the Hilton Lease to expire on that 29 date which is sixty-five (65) years after a certificate of occupancy is issued for the 30 Second Hotel; 31 32 WHEREAS, the City Council is of the opinion that the modifications to the 33 Development Agreement and the Hilton Lease will be beneficial to the City and will 34 assist in the generation of significant tax revenues for the City; and 35 36 WHEREAS, as a part of its development, Developer intends to pursue plans for 37 an elevated walkway from the 31St Street Parking Garage to the Second Hotel if the 38 Second Hotel is to be an expansion to the 31St Street Hilton at the oceanfront, which the 39 City Council deems reasonable so long as all public processes are followed and all 40 necessary approvals are obtained, and so long as the public is given an opportunity to 41 comment prior to the walkway being approved for construction. 42 43 NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 44 OF VIRGINIA BEACH, VIRGINIA: 45 46 1. That the City Manager is hereby authorized to execute the Term Sheet attached 47 hereto as Exhibit B and made a part hereof; 48 49 2. That the City Manager is hereby authorized to execute an Amendment to the 50 Amended and Restated Development Agreement in accordance with the Term 51 Sheet attached hereto as Exhibit B, and such other terms and conditions deemed 52 necessary and sufficient by the City Manager and in a form deemed satisfactory 53 by the City Attorney. 54 55 3. That the City Council requests and recommends that the VBDA adopt a 56 resolution consistent with this Ordinance and authorizing the Chairman of the 57 VBDA to execute (i) the Term Sheet attached hereto as Exhibit B, (ii) an 58 Amendment to the Amended and Restated Development Agreement and (iii) an 59 Amendment to the Hilton Lease in accordance with the terms of the Term Sheet. 60 61 4. That nothing herein shall be deemed to be preliminary approval of the elevated 62 walkway and that the City Manager is hereby directed to follow the normal and 63 customary procedure for such improvements including, without limitation, 64 consultation with the Resort Advisory Commission. 65 66 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of 67 June , 2010. APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~~ City Attorney CA11431 \\vbgov.wm\DFS l \Applications\CityLawProd\cycom32\ Wpdocs\DO 10\P007\00059025.DOC R-1 APPROVED AS TO CONTENT ~ ~~G City Manager June 14, 2010 m x w BllS'aN dagWnlg • ~ N CAA ca L V ~~ m L II TERM SHEET First Amendment to Deed of Lease (the "First Amendment") by and between The City of Virginia Beach Development Authority (the "VBDA") and Thirty-First Street, L.C. ("Tenant"), dated July 24, 2003 (the "Lease") (All capitalized terms used herein and not otherwise defined shall have the meaning given to those terms in the Lease) Project: Development by Thirty-First Street, L.C. of a new hotel (or an expansion of the 31St Street Hilton) (either way, the "Hotel") at the corner of 31St Street and Atlantic Avenue in Virginia Beach, Virginia. As part of its development plan, Thirty-First Street, L.C. would like to (a) lease additional parking spaces in the 31St Street Parking Garage and (b) extend the term of the Lease. The proposed terms for such are set forth below in this Term Sheet and shall be memorialized in a First Amendment and in other documentation specified below. Additional In addition to the 380 parking spaces currently leased by Tenant pursuant to Parking Spaces: the terms of the Lease, Tenant shall also lease up to sixty (60) parking spaces in the VBDA-owned portion of the 31St Street Garage. The number of additional parking spaces leased will reduce by one (1) space for every (1) guest room below 150 constructed in the Hotel. Location of the additional parking spaces to be determined by the VBDA. Parking spaces to be used by Hotel patrons only. Term: The Term of the Lease shall be extended to expire on that day which is 65 years after the Rent Commencement Date (as defined below). Effective Date The Effective Date of the First Amendment will be the date of the later of the following to occur: A) the issuance of a building permit by the City of Virginia Beach (the "City") for the Hotel which will consist of a Three-Star Hotel (as defined on Exhibit B attached hereto), franchised by an Acceptable Hotel Franchisor, containing at least 150 hotel rooms (subject to approvals from the Federal Aviation Administration and Applicable Law), a minimum of 6,500 square feet of ground floor retail space and a minimum of 7,500 square feet of meeting space, and B) the execution and delivery by Tenant and the VBDA (or the City, as applicable), of the Replacement Parking Option to Lease, in a form mutually agreeable to each party, such agreement not to be unreasonably withheld, conditioned or delayed. Notwithstanding anything contained herein to the contrary, the Effective Date must occur on or before the fifth (5th) anniversary of the date of full execution of the First Amendment, and the First Amendment shall expire and be of no further force or effect if the Effective Date has not so occurred. Rent The date on which a certificate of occupancy is issued for the Hotel. The Commencement VBDA shall have the right to terminate the First Amendment if a certificate of Date: occupancy for the Hotel has not been issued within three (3) years (subject to force majeure) after the Effective Date. E(X~HI~BIT ~ ,~J-- 2 m Hotel Annual rent payable by Tenant for the sixty (60) additional spaces shall equal Expansion $ 840 per space per year, with an escalator every 5 years equal to 10%. Parking Rent: Extension Rent: Annual rent payable by Tenant for the 380 parking spaces for each year after the 65th Lease Year shall be equal to the annual per space rent then in effect for the Hotel Expansion spaces for the respective corresponding year. The rent for the Land shall be (a) the Basic Rent payable by Tenant during the 65th Lease Year attributable to the Land only plus an annual CPI Escalator and (b) Additional Rent. Option to Lease For a period of 2 years after the Rent Commencement Date, the City and the (Replacement VBDA (with the City's approval) will have the option to lease up to ninety Parking): (90) spaces in the garage located at 34th Street (the "34th Street Garage") owned by an Affiliate of Tenant. By mutual agreement of the VBDA and the Tenant, in lieu of locating the ninety (90) replacement parking spaces in the 34th Street Garage, the replacement parking spaces may be located in any other garage constructed by Tenant or an Affiliate of Tenant within the area shown as the "Option Area" on Exhibit A attached hereto. The term of such replacement parking lease shall be twenty (20) years with nine (9) options to extend of five (5) years each; provided, however, that the term of the replacement parking lease shall not exceed the term remaining in the Lease. The rental rate for the ninety (90) replacement parking spaces shall be equal to the then-current aggregate Hotel Expansion Parking Rent payable by Tenant, but the rental rate for anything less than ninety (90) replacement parking spaces shall be proportionately calculated. Twenty replacement parking spaces shall be located on the second floor of the 34th Street Garage; thirty replacement parking spaces shall be located on the third floor of the 34th Street Garage; and forty replacement parking spaces shall be located on the fourth floor of the 34th Street Garage. The replacement parking spaces shall be filled first to maximize parking revenues remitted to the City. All revenues from the replacement parking spaces will be paid to the City, less a management fee not to exceed five percent (5%) of gross receipts. A report of public parking activity (including, but not limited to, financial performance of the public parking in the 34th Street Garage) shall be provided to the City each quarter, and the City shall have the right to audit such reports. City Parking Administration officials shall be permitted to conduct random inspection visits to monitor the public parking activities in the 34th Street Garage. The City and/or VBDA shall have the right to place signs in and around the 34th Street Garage, and to distribute advertising material, informing the public of the public parking available in the 34th Street Garage. Option to If, at any time during the Term of the First Amendment, Tenant or a related Terminate: entity either (1) acquires all of the property in "Block D" on Exhibit A, or (2) builds a garage in "Block D" on Exhibit A, then the VBDA shall have the right to terminate the First Amendment. Three-Star The VBDA shall have the right to terminate the First Amendment in the event Hotel: that the Hotel ever operates at a standard below that of a Three-Star Hotel. Terms The business and legal concepts contained in this Term Sheet, as applicable, Applicable to will be incorporated by the Landlord and Tenant into (a) a First Amendment Parking Lease to that certain Parking Lease, which is attached as Attachment II to that certain and Agreement of Purchase and Sale, dated as of June 4, 2002, by and between the Development Landlord and the Tenant (referred to as the "OL Contract") and (b) an Agreement: amendment to the Development Agreement. Second Tenant has advised the City and the VBDA that an elevated walkway Walkway: connecting the Hotel to the City-owned portion of the 31St Street parking garage (the "Second Walkway") will be necessary if the Hotel is an expansion of the 31St Street Hilton. The parties agree that, upon approval of construction of the Second Walkway by the City following its usual and customary processes, Tenant would be solely responsible for the cost of the design, construction and maintenance of the Second Walkway. The parties further agree that upon its completion, the Second Walkway will be dedicated to the City for public use, which public use shall include, but not be limited to, the ability of the public to access the public right-of--way on the north side of 31St Street either through the Hotel or by direct connection to the public sidewalk. In addition to all other applicable approvals, City shall have the right to approve the design of the Second Walkway. Non-Binding: This Term Sheet is intended to reflect the shared understanding of the parties hereto. This Term Sheet is not intended to be a legally binding agreement, and all commitments outlined are subject to future appropriation and approvals by City Council and the Virginia Beach Development Authority. The parties hereto agree to the non-binding terms set forth in this Term Sheet. WITNESS the following signatures and seals: Tenant: By: (SEAL) Name: Title: Date: VBDA: VIRGINIA BEACH DEVELOPMENT AUTHORITY By: ATTEST: ecretary City ATTEST: ity er Chair /Assistant Chair Date: CITY OF VIRGINIA BEACH By: City Manager /Authorized Designee Date: APPROVED AS TO CONTENT: APPROVED AS TO FORM: 4 ,(SEAL) (SEAL) ~~ruTRTT u THREE-STAR HOTEL A Three-Star Hotel is an excellent property -full-service, professionally managed, and professionally staffed. Very often beautifully appointed, it offers a truly excellent lodging experience. A Three-Star hotel includes the following: • Excellent housekeeping and maintenance • Spacious, attractive lobby • Well-designed area for check-in and check-out and 24-hour front desk; swift, efficient service • Large, comfortable guest rooms, with sitting area and adequate closet space; both lightproof and soundproof • Suites and luxury level accommodations available • Bright, attractive guest room decor, with some attention to detail (i.e. prints on wall) • Excellent furnishings in good condition in guest rooms, with excellent carpet or flooring to complement decor • Table and chairs in guest rooms • Firm mattresses in excellent condition • Central air-conditioning and heating, thermostat in guest room • Well-maintained baths, with integrated decor • Excellent soaps and amenities in baths, plus a variety of excellent towels • Color television, radio and clock in guest rooms • A minimum of one phone in guest rooms • Nonsmoking guest rooms available • More than one dining facility, often a fine restaurant • Room service • Swimming pool on premises or available nearby • Health club or other fitness facilities on premises or available nearby • Recreational activities • Wake-up calls available • Several other special services and facilities, among them business services, meeting rooms and valet 63 Item J.S. ORDINANCES/RESOLUTION ITEM # 60073 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the City Manager to execute a second Amendment to the Purchase Agreement with Tailwind Development '', Group, L L.C. re the proposed sale of City-owned property at Princess Anne Road and South Independence Boulevard DISTRICT 3 -ROSE HALL ', Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: I None ~~ June 22, 2010 1 2 AN ORDINANCE AUTHORIZING THE CITY 3 MANAGER TO EXECUTE A SECOND AMENDMENT 4 TO THE PURCHASE AGREEMENT BETWEEN THE 5 CITY AND TAILWIND DEVELOPMENT GROUP, 6 L.L.C. s WHEREAS, the City of Virginia Beach (the "City") and Tailwind Development 9 Group, L.L.C. ("Tailwind") are parties to a certain Agreement of Sale dated November l0 16, 2009, as amended by that certain First Amendment to Agreement of Sale dated 11 March 1, 2010 (together, the "Purchase Agreement") relating to that certain parcel of 12 land located at the northwest corner of Princess Anne Road and S. Independence Blvd. 13 in Virginia Beach (GPIN: 1485-16-9065) (the "Property"). 14 15 WHEREAS, the Purchase Price payable by Tailwind under the Purchase 16 Agreement for the Property is (i) the greater of $350,000 per acre, or (ii) $1,487,500; 17 is WHEREAS, the Property consists of approximately 4.25 acres; 19 20 WHEREAS, approximately 0.273 acres of the Property are to be retained by the 21 City for public right-of-way; 22 23 WHEREAS, a survey of the Property shows that the useable area of the Property 24 after right-of-way has been dedicated equals 3.977 acres; 25 26 WHEREAS, Tailwind has requested that it pay $350,000 per acre only for the 2 ~ 3.977 acres of usable area of the Property thereby making the Purchase Price equal to 2s $1,391,950; and 29 3o WHEREAS, the City Council is of the opinion that a Second Amendment to the 31 Purchase Agreement is in the best interests of the City of Virginia Beach. 32 33 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 36 That the City Manager is hereby authorized to execute a Second Amendment to 3 ~ the Purchase Agreement basing the Purchase Price on the useable area of the Property 3 8 at $350,000 per acre thereby making the Purchase Price equal to $1,391,950, and such 3 9 other terms and conditions deemed necessary and sufficient by the City Manager and in 4 o a form deemed satisfactory by the City Attorney. 41 42 This ordinance shall be effective from the date of its adoption. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22ndday 4 5 of June , 2010. APPROVED AS TO CONTENT i~T~i`c~ C - iU~`5~ P bl' Works /Real Estate CA11423 ~wbgov.com\DFSI ~Applications\CityLawProd~.cycom32~.Wpdocs~D012~.POOS~00055716.DOC R-1 6/15/2010 APPROVED AS TO LEGAL SUFFICIENCY ~, ~S W w City Attorney CITY COUNCIL ACTION TRANSMITTAL FORM June 15, 2010 PART I (FOR APPROVAL/CONCURRENCE) 1. Subject/Title/Name: An Ordinance Authorizing the City Manager to Execute a Second Amendment to the Purchase Agreement between the City and Tailwind Development Group, L.L.C. 2. Scheduled Council Date: June 22, 2010 3. Submitting Department/Agency: PW REAL ESTATE 4. Response Required By: ^ Urgent? (Explain why) (Based on Agenda Request Schedule) 5. COORDINATION/APPROVAL: Department Date PW Administration, Phillip A. Davenport 1'~ ~l~s/ / ~ City Attorney's Office, Erin Burnett 6. Action Requested: (check off or fill in requested action) X Review/Approval ^ Ordinance/Resolution Preparation ^ Other (explain) 7. Agenda Issue Manager:(Name/Dept/Phone) James C. Lawson, PW Real Estate 385-4161 PART II (FOR TRANSMITTAL TO THE CITY MANAGER) June 15, 2010 To: City Manager nForwarded for approval Submitted By: (Department Head) /" Jason .Cosby, Direct Department of Public Works -64- Item J.6. ORDINANCES/RESOL UTION ITEM # 60074 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AMEND and REORDAIN the APZ-1/Clear Zone use and Acquisition Plan to include all privately owned property in the Clear Zones and reflect the APZ-1/Clear Zone Master Plan designation Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 1 AN ORDINANCE TO AMEND AND REORDAIN THE APZ- 2 1/CLEAR ZONE USE AND ACQUISITION PLAN TO 3 INCLUDE ALL DEVELOPMENT IN THE CLEAR ZONE AND 4 TO REFLECT THE APZ-1/CLEAR ZONE MASTER PLAN 5 DESIGNATIONS 6 7 WHEREAS, on December 20, 2005, the City Council adopted the APZ-1 Use 8 and Acquisition Plan, dated December 14, 2005, as one of the components of its 9 response to the Base Realignment and Closure Commission's decision regarding 10 N.A.S.Oceana; 11 12 WHEREAS, on February 14, 2006, the City adopted an amendment to the Plan 13 that added to the purview of the Plan the Clear Zones, as shown on the official AICUZ 14 Map, and renamed such plan the APZ-1/Clear Zone Use and Acquisition Plan (the 15 "Plan"); 16 17 WHEREAS, on January 23, 2007, the City adopted an amendment to such Plan 18 that made eligible for acquisition developed duplex properties and certain properties 19 upon which the right to develop for residential use had vested; 20 21 WHEREAS, on April 1, 2008, the City Council adopted the APZ-1/Clear Zone 22 Master Plan, as an amendment to the City's Comprehensive Plan (the "APZ-1 Master 23 Plan"), which identified a land use plan to guide the conversion of nonconforming uses 24 in APZ-1 and the Clear Zones to conforming uses; 25 26 WHEREAS, the Oceana Land Use Conformity Committee (the "Committee") was 27 established by the City Council for the purpose, among others, of making 28 recommendations to the City Council and the City of Virginia Beach Development 29 Authority on matters relating to reducing the amount of pre-existing nonconforming 30 development, as determined pursuant to Section 1804 of the City Zoning Ordinance 31 (the "CZO"), in APZ-1 and Clear Zones, in a manner consistent with the City Zoning 32 Ordinance, the APZ-1/Clear Zone Use and Acquisition Plan, the Comprehensive Plan, 33 the Final Hampton Roads Joint Land Use Study (JLUS) and with good zoning practices 34 that do not adversely affect established residential neighborhoods; 35 36 WHEREAS, recognizing that no structures are compatible in the Clear Zone, the 37 Committee has recommended that all privately owned property in the Clear Zones 38 qualify for acquisition under the Plan, regardless of zoning or existing use; 39 40 WHEREAS, the Committee has recommended that properties identified in the 41 APZ-1 Master Plan as being located in the "Transitional" areas and the "Planned 42 Transportation Improvements" areas, be added to the properties that are eligible for 43 acquisition under the Plan; and 44 45 WHEREAS, the City Council is of the opinion that the said recommendations of 46 the Committee are consistent with the City Zoning Ordinance, the APZ-1/Clear Zone 47 Use and Acquisition Plan, the Comprehensive Plan, the Final Hampton Roads Joint 48 Land Use Study (JLUS) and with good zoning practices that do not adversely affect 49 established residential neighborhoods; 50 51 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 52 VIRGINIA BEACH, VIRGINIA: 53 54 That the APZ-1/Clear Zone Use and Acquisition Plan dated February 14, 2006, 55 as amended January 23, 2007, hereby is amended and reordained to include: 56 (1) all privately owned property in the Clear Zones, regardless of zoning or use; 57 and 58 (2) all properties identified in the APZ-1 Master Plan as being located in the 59 "Transitional" areas and "Planned Transportation Improvements" areas, by the addition 60 of the underlined portions and the deletion of the stricken portions shown on that certain 61 document entitled, "Amended APZ-1/Clear Zone Use and Acquisition Plan," dated 62 January 23, 2007, such document being attached hereto and made a part hereof. 63 64 Adopted by the City Council of the City of Virginia Beach, Virginia, this ~~ day 65 of June , 2010. 66 CA11416 R-1 \\vbgov.com\dfs1 \applications\citylawprod\cycom32\wpdocs\d023\p007\00053313.doc 6/11 /2010 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~°~ City Manager's Office City Attorney's O ice ~ ~,t~~~~ ~~AC-~ ~~~4~~~ ~~~~~~ ~ ~~ ~~~ •Q ~.r, ~, ~, ,~ ~ ..- ~~ .3 ," _.r~..~~y ry 4 ! - •~., ~,; vy ~y~- ~~:= ~~ of ours ~a~~..,t CITY OF VIRGINIA BEACH '.,„,..,~.• ~~~ ~nn~June 22, 2010 AMENDED APZ-1/CLEAR ZONE USE AND ACQUISITION PLAN Overview The APZ-1 Ordinance (adopted December 20, 2005 and revised to include Clear Zones) amended the City Zoning Ordinance to prohibit all uses in APZ-1 and Clear Zones that are incompatible with OPNAV Instruction 11010.36B (December 19, 2002) (the "OPNAV Instruction"). The APZ-1 Ordinance renders existing uses non-conforming but not incompatible, and requires all new development or redevelopment to be consistent with the OPNAV Instruction. As an exception, the Ordinance allows incompatible uses or structures as a replacement of the same use or structure if the replacement use or structure is of equal or lesser density or intensity than the original use or structure. Where application of the APZ-1 Ordinance leaves property without a reasonable use, this APZ-1/Clear Zone Use and Acquisition Plan is intended to direct reuse, rezoning, or purchase of those properties. The Plan The Use and Acquisition Plan is illustrated in the following chart entitled "APZ-1/Clear Zone Use and Acquisition Plan." 1 APZ-1/Clear Zone Use and Acquisition Plan Tools Property Type ONRESIDENTIAL Developed Undeveloped Develop with compatible use Owner's choice. Already developed use is "not incompatible" and can remain, or owner can redevelop with a different compatible use. Yes. Owner can initiate development to a compatible use. Every nonresidential zoning category allows some compatible & reasonable use. Rezone or grant conditional use permit ("CUP") for compatible use Owner's choice. Owner can initiate application for new compatible use. City will not initiate rezoning because owner has existing use and other allowable, compatible reasonable uses. Yes. Owner can initiate application for compatible use. City need not initiate rezoning because owner may seek approval for some compatible & reasonable use. Voluntary acquisition Yes. Owner has development options for reasonable use, so City need not acquire. But if initiated by owner, City may acquire to "roll back" development. No. Generally, owner has development options for reasonable use, and City need not acquire. But if property is left with no reasonable use, City will acquire. Eminent domain No. Owner has development options for compatible and reasonable use. City need not acquire. RESIDENTIAL Developed (includes vested, but undeveloped, properties) Undeveloped Not applicable because the property is already developed. Existing uses are "not incompatible" so no action is needed. No. There is no compatible use without rezoning/ CUP. Yes. On case-by-case basis. Owner can initiate rezoning. Yes. On case-by-case basis; depends on size, location and intended use of parcel. Either owner or City can initiate rezoning. o. Existing use is .tea ._...,....,..-,. a:Ll,. » thus City need not acquire. Except, if initiated by owner, City will acquire Qualifying Duplex Properties, tear-down duplexes and vested properties Yes. But only if unsuitable for rezoning/CUP and only if APZ-1 Ordinance leaves property without a reasonable use. No. Owner has development options for compatible and reasonable use. City need not acquire. No. Existing use is "not incompatible," thus City need not acquire. Yes. If voluntary acquisit;on is not possible and property cannot be rezoned, there is no reasonable use for the property. Eminent domain is appropriate to compensate owner for loss of all use. 2 How each category of property will be affected: The following is a description of how each category of property will be treated under the Plan. NONRESIDENTIAL/COMMERCIAL -DEVELOPED • Retain Existing Use or Develop Consistent with the OPNAV Instruction Developed Nonresidential/Commercial property within APZ-1 and Clear Zones would have some reasonable use under the new zoning rules. Owners of such property could retain their existing use, and they would also have other allowable compatible uses. Therefore, the owners of such property could keep their existing use or redevelop the property in any manner consistent with the OPNAV Instruction and the APZ-1 Ordinance, as amended. Such development might require a rezoning or conditional use permit, which would be evaluated on a case-by-case basis. • Voluntary Acquisition Available The City would be willing to purchase Developed Nonresidential/ Commercial property within APZ-1 and Clear Zones that are adversely affected by the APZ-1 Ordinance. Only voluntary sales would be permitted. Eminent domain would not be available for such acquisitions. NONRESIDENTIAL/COMMERCIAL -UNDEVELOPED • Develop Consistent with the OPNAV Instruction Most undeveloped Nonresidential/Commercial property within APZ-1 and Clear Zones would have some reasonable use under the APZ-1 Ordinance. Therefore, the owners of such property could develop the property in any manner consistent with the OPNAV Instruction and the new APZ-1 Ordinance, as amended. Such development might require a rezoning or conditional use permit, which would be individually evaluated on the merits of each case. Voluntary Acquisition Generally Unavailable Because most such properties will be left with some reasonable use, the City will not acquire them. If a property is deprived of all reasonable use, then the City will acquire it. RESIDENTIAL -DEVELOPED • Existing Dwellings Will Remain Residential developed property would be considered to be a preexisting use and would be allowed to remain. Under the APZ-1 Ordinance, as amended, the property may be replaced, repaired, reconstructed, or otherwise improved, so long as the density is not increased. • Redevelopment to Compatible Use, Case-By-Case If the owner of residential developed property wanted to rezone the property or seek a conditional use permit to a traditionally compatible use such as industrial, such redirected uses would be welcomed, so long as the fit was right with the neighborhood. These redevelopments would be handled on a case-by-case basis and would be initiated by the owner. • Dwellings Will Not Be Acquired Eminent domain would not be available for developed residential properties under any circumstances. Dwellings generally will not be acquired by voluntary purchase; however, voluntary acquisition will be available in the limited circumstances of the following types of properties: 1) "Qualifying Duplex Properties" as that term is defined on Page 6; 2) Properties that were vested for new development or redevelopment on December 20, 2005, may be acquired by voluntary purchase or, at the owner's request, by eminent domain; a 3) Developed duplex properties. The Developed Duplex Acquisition Program is set forth in more detail on Page 7:; ~) Privately owned properties located in the Clear Zone regardless of zoi~in~r or existin~se; 5} Properties located in the areas depicted as ``Transitional" areas in the APZ-l Master Plan, tc> the extent those properties are not already developed with a use deemed compatible ~in the applicable table in Section 1804 Cb) of the Cit Zoning Ordinance; and b} Properties located in the areas depicted as "Transportation'" areas in the APZ-1 Master :Plan as defined on Pale 9, to the extent those properties are not already developed with a use deemed compatible in the applicable table in Section 1804 (b) of the City Zoning Ordinance. RESIDENTIAL -UNDEVELOPED • Rezone/Conditional Use Permit (CUP), If Appropriate After the APZ-1 Ordinance went into effect, some undeveloped residential properties ~~-1-1~were left with no reasonable compatible use. Such property could be rezoned or issued a conditional use permit on a case-by-case basis, but certain properties might not be suitable for any nonresidential use. The City would first evaluate whether a rezoning or conditional use permit would be appropriate. • Acquire By Agreement or Condemnation If there are no suitable nonresidential uses, the City would acquire the property because the owner would be left without any reasonable use of its property. Either voluntary purchase or eminent domain would be available. If the City were unable to reach an agreement as to value with the owner, the City could condemn the property. QUALIFYING DUPLEX PROPERTIES • Voluntary Acquisition Available The City would be willing to purchase "Qualifying Duplex Properties" within APZ-1 and Clear Zones, as defined and described on Page 6. Eminent domain would not be available for such acquisitions. Acquisition Rules. Voluntary Acquisitions. Affected Property: Property located wholly or partially within APZ-1 and/or Clear Zones that is (a) undeveloped property which is currently zoned for residential use,7 ~~~b developed and residentially zoned, falling within any ofthe five (~~y~~es of properties identified on Pa eg 4~(he) developed commercial property. For the Voluntary Purchase Program for Qualifying Duplex Properties in APZ-1 and Clear Zones, see Page 6. Owner-initiated sales only for nonresidential ortenant-occupied residential property. Developed commercial property and tenan -occupied residential property will be acquired only if the owner of the property initiates the sale. 5 Fee Simple or Development Rights/Easements To Be Acquired._ The City might acquire either fee simple title, restrictive easements or development rights. In certain cases (for example large lots) the City might want to acquire the land in fee so that the property could be acquired and put to some compatible use. In other cases (for example small infill lots in residential neighborhoods where the owner owns an adjacent, developed lot) the City might want to acquire only development rights. The City ~-may add as a condition to its acquisition of only the development rights that the adjacent owner must resubdivide the property to remove lot lines and create one larger lot. In other words, the City would avoid buying in fee small lots in neighborhoods where it is possible to pay only for the development rights and have the adjacent owner fold the property into his existing use. The object is to avoid City-owned vacant lots that would be difficult to maintain and could adversely affect the neighborhood. The goal would be for the City and the owner to work together to find a solution that compensates the owner and makes the most sense in the context of the neighborhood. City to Pay Market Value Without Regard to APZ-1 Ordinance for Undeveloped Residential Land. Owners of vacant residential property (undeveloped residential land) will be paid market value based on sales of similar properties that are not within APZ-1 and Clear Zones, so there is no "blight" on the value of their property. The property will be valued as if the APZ-1 Ordinance's prohibition against new residential development does not apply. City to Pay Market Value for Commercial Properties. Owners who sell their commercial property to the City will be paid based on fair market value, with consideration given for the limitations and provisions of the APZ-1 Ordinance and the AICUZ Overlay Ordinance. Voluntary Purchase Program for Qualifying Duplex Properties in APZ-1 and Clear Zones 1. Application. This program applies only to properties that meet the following criteria ("Qualifying Duplex Properties"): a. Located in APZ-1 and/or Clear Zone; b. Currently improved with asingle-family home; and c. Duplex use was legally and physically possible before the adoption of the APZ-1 Ordinance (zoning district allowed "by-right" duplex development; physical features made duplex use a reasonable option; and there were no title restrictions preventing duplex use). 2. Voluntary Purchase Program. a. Fee Simple/Total Purchase only. The City will purchase, by voluntary agreement, the lot and all improvements from the owner. 6 b. Valuation. As compensation, the City will pay the market value of the property and improvements at their highest and best use at the time of sale (i.e., higher of value as single-family residence or duplex) as if the APZ-1 Ordinance's prohibition against new residential development does not apply. c. Appraisal. The City will pay for an appraisal of the property, after the City and the owner have agreed on an appraiser. 3. City's Options after Purchase. After purchase of a Qualifying Duplex Property, the City shall rezone the property or otherwise eliminate the potential for duplex development, and do any of the following to be determined on a case-by-case basis: a. Sell the house and lot to a third party as excess property for continued use as asingle-family home; b. Lease the house and property to a third party for residential use; c. Demolish the improvements and sell the lot to adjacent landowners; or d. Rezone the property, if appropriate, to a nonresidential zoning classification and sell or lease the property for new development compatible with the OPNAV Instruction. If the City decides to proceed under part 3a or 3b above, it is the City's intent to cause noise attenuation measures to be performed on the single-family home, prior to occupancy. Involuntary Acquisitions/Eminent Domain Affected Property. Eminent domain will only be used to acquire undeveloped property zoned for residential use, only if the property has no other reasonable use and only after efforts to voluntarily purchase the property have failed. State legislation needed. State enabling legislation will be needed before condemnation can be used. The City has requested state legislation that gives the City the power to condemn, and condemnation will only be allowed for the following circumstances: • Only for undeveloped property zoned for residential use. • Only where property is deprived of all reasonable use. • Only where development rights have not vested. • Only for property wholly or partially within APZ-1 and Clear Zones. • Only after all efforts to reach a voluntary sale have been unsuccessful. • Only so long as acquisition is needed to protect NAS Oceana as a Master Jet Base. 7 Rights to be Acquired_ Either development rights or fee simple rights would be acquired, depending on the particular circumstances of each property. Where the owner owns developed adjacent property, acquiring development rights only will be favored. City to Pay Full Fair Market Value. Where eminent domain of vacant residential land is authorized, Owners will be paid fair market value based on sales of similar properties that are not within APZ-1 or Clear Zones. The property will be valued as if the APZ-1 Ordinance does not apply. Developed Duplex Acquisition Program Recognizing the City's goals of reducing density in APZ-1 while maintaining the quality of the neighborhoods, the City Manager is authorized to acquire existing duplexes in APZ-1 for the purpose of removing the structures. The City Manager should evaluate the condition of the duplex and should prioritize acquisition of duplexes based on their relative age and condition and whether noise attenuation measures have been incorporated into the structure. Preference should be given to duplexes that are in the poorest condition and that have not had noise attenuation improvements. After acquisition of a duplex under this Program, the City ""~„ ~,r. ~- ~ ~ a;,.°~*°~mav elect to do any of the following: 1. Remove the structure, restrict the site to development of asingle-family home, and sell to a third-party for new construction of one dwelling unit; 2. Remove the structure, restrict any new dwelling units from being constructed and sell the site to adjacent landowner(s) who must resubdivide their lot(s) to include the vacant site; 3. Remove the structure and assemble the property for nonresidential, conforming uses, but only if (a) the property is in a neighborhood that is trending toward non- residential uses and (b) there will be no adverse impact on the surrounding properties; 4. Remove the structure and use the property for public use or hold the property for future public use. The Acquisition Rules set forth on Page 5 shall apply to these sites the same as they do to any voluntary acquisitions under this APZ-1/Clear Zone Use and Acquisition Plan. Voluntary Acquisition of Properties Vested Development The City Manager is authorized to acquire properties in APZ-1 where the Planning Director and the City Attorney have determined that the owner of the property had vested rights in developing the property with a residential use before the City adopted the APZ-1 Ordinance on December 20, 2005. 8 Only properties that have not yet been developed with new structures are eligible for acquisition, unless the owner/developer has not yet sold or contracted to sell developed dwellings to individual owners. The Acquisition Rules set forth on Page 5 shall apply to these sites in the same manner as ~l~s~T-clc~-to any voluntary acquisitions under this APZ-1/Clear Zone Use and Acquisition Plan. ~9c°ttuisition of Clear Zone Properties The City Manager is authorized to acquire byvoluntary agreement proper-ties located fuller ~-tially within any ofthe Clear Zones for thepurpose of removing structures. It is the City"s foal to remove from the Clear Zone all private develo np gent. The City Manager should evaluate each property and may acquire anv such properties he deems meet the purposes of this Plan and where the property owner and the City mutually agree on the terms of sale. ,~cgrcisition of Properties Ide~zti~etl in tlae AP2-IlClear Zane 1Vlaster Plan as Transitional or Plainled Trans,~o~•tatio~~ Improvements On April L 2008, the City Council adopted the APZ-1/Clear Zone Master I'Ian '`API-1 Master Plan'") as an amenchnent to the City's C;omprehcnsive Plan. The City's X009 Comprehensive Plan Amendment adopted the APZ-1 Master Plan by reference. Tra~tsitiofial Areas. The APZ-1 I~~Iaster Plan also identifies areas as "Transitional.'' Such areas arc residential and undeveloped areas that are adjacent to major arterials planned transportation imt~rovements, or surrounded by existing non-residential uses. The City Manager is authorized to acquire properties within or partially within those areas described as "Transitional" in the APZ-1 Master Plan for the purpose of assembling land f=or conversion to confoi~nin~ uses. After acquisition, the City may elect to do ape or more of the following with the Tra~,~s.itional properties determined on a ease-bv-case basis: 1. Demolish the improvements: 2. Rezone the properyy to a nonresidential zoning classification and sell or lease th_e_ property for new develot~ment in conformance with Article 1$ of the City's Zoning Ordinance (Special Regulations for Air Installation Campatible Use Zones; or 3. Use the property for a public purr ose• 4. Sell the lot to adjacent landowners after restricting it to compatible uses Plccn~red Ti•afasportation Im~r+nvernents. The APZ-I Master Plan identifies areas of ``Planned Transportation Improvements" to allow those implementing this APZ-1 /Clear Zone Use and Acquisition Plan to consider planned public projects when cvaluatin~ the voluntarypurchase and re-use of land. To the extent that properties identified in these Planned Transportation Improvements areas designated in the A_PZ-1 Master Plan clo not already qualify for acquisition in other segments of this Plan, the Cit~aer is hereby authorized to acquire, by vohmtarv acquisition, the properties located within or partially within the areas identified as "Planned Transportation Lmprovements." ~Nothin~ herein shall be deemed. to waive or alter any statutory powers or methods the City may otherwise have to acquire private property for public uses. After acquisition, the City may elect to do any of the follo~vin~: 1. Remove the structure(s), if any, and hold for future public use; 2. Lease the property and structure for any conforming interim use; ~. SeII the property for a conforming use, rescrvin~ to the City property or easements needed for planned puhlic uses; The Cit~ana~er should evaluate each property and may acquire any such properties he de~;ms meet the purposes of this Plan and where the property owner and the Citv mutually agree on the terms of sale. The Acquisition rules set forth on Page S shall apply to these sites in the same as to any voluntal acquisitions under this APZ-1%Clear Zone Use and Ac uisition Plan. Plan is Flexible The preceding guidelines shall be followed in implementing the APZ-1 /Clear Zone Use and Acquisition Plan, except where circumstances dictate other options particular to a specific property. In such cases, the City will consider other options only when (i) the proposed option is consistent with the intent to stop development incompatible with the OPNAV Instruction; (ii) the proposed option "rolls back" existing non-conforming uses by eliminating the use or reducing the density or intensity of the use; or (iii) no other reasonable, compatible use for the property is allowed; provided, that the option, in the judgment of City Council, does not have an unduly adverse impact on adjacent properties. Other possible options: The City Manager is directed to continue the consideration and development of other methods of converting uses in APZ-1 and Clear Zones that do not conform to the OPNAV Instruction to uses compatible with the OPNAV Instruction. Such other options shall have the effect of accomplishing the intent of the APZ-1 Ordinance and the APZ-1/Clear Zone Use and Acquisition 10 Plan and reducing uses not conforming with the OPNAV Instruction within APZ-1 and Clear Zones whenever reasonable and feasible. Options considered shall include, but not be limited to, assemblage of property for redevelopment, the use of Economic Development Incentive Program funds and the use of zoning and land use incentives. Implementation instructions: I. Notification This Plan is effective as of December 20, 2005. This Plan amendment to include Clear Zones is effective upon adoption. Thereafter, the City staff shall, within sixty (60) days, identify all property within Clear Zones and notify the property owners by certified letter of the APZ-1 Ordinance, the classifications ofpropertyunder the APZ-1/Clear Zone Use and Acquisition Plan, and provide the owners with a copy of the APZ-1/Clear Zone Use and Acquisition Plan. II. Purchase Beginning January 1, 2006, property owners desiring to sell their property consistent with the provisions of the APZ-1/Clear Zone Use and Acquisition Plan shall notify the City Manager or his deli ynec by letter. Letters received shall be date-stamped and priority of purchase shall be by date received, earliest to latest, except that (1) properties left without a reasonable use shall be given first priority; and (2) City Council may elevate the priority of property owners who suffer a demonstrated hardship if an expedited sale would ameliorate such hardship. Purchases of eligible property shall be made in such order, upon approval of the City Council, to the extent that funds are available each fiscal year. Annual Report The City Manager shall report annually to the City Council on the status of all uses not conforming with the OPNAV Instruction within APZ-1 and Clear Zones. The format of the report shall include an inventory of property within each classification under the APZ-1 /Clear Zone Use and Acquisition Plan. Funding The City Manager is directed each fiscal year to include in the City's annual budget funds for the purpose of acquiring properties within APZ-1 and Clear Zones designated for acquisition under the APZ-1/Clear Zone Use and Acquisition Plan in the amount of Fifteen Million Dollars ($15,000,000.00) or such greater amount as circumstances may warrant. Any proceeds the City receives from selling or leasing properties acquired under this APZ-1/Clear Zone Use and Acquisition Plan shall be deposited into the APZ-1 /Clear Zone acquisition fund. If in any fiscal year there remains an amount available after the purchase of properties within APZ-1 and Clear Zones, such funds shall be used to purchase properties to be acquired in the Interfacility Traffic Area for 11 purposes other than the Southeastern Parkway and Greenbelt Project. Plan Administration The City Manager may promulgate rules, regulations and policies consistent with the APZ-1 /Clear Zone Use and Acquisition Plan to further the efficient implementation and administration of this Plan. V :\applications\citylawprod\cycom32\ Wpdocs\D012\P002\00026352. DOC IZ -65- Item J. 7. ORDINANCES/RESOLUTION ITEM# 60075 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the acquisition of an Agricultural Land Preservation (ARP) easement to Barry D. and Paula W. Knight in the amount of $171, 654 in the 5000 Block of Blackwater Road. DISTRICT 7 -PRINCESS ANNE Voting: 10-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Abstaining. William R. "Bill "DeSteph Council Members Absent: None Councilman DeSteph ABSTAINED on Item J. 7. (Acquisition of an Agricultural Land Preservation (ARP) easement to Barry D. and Paula W. Knight) as he owns property, close to the applicant, the value of which might be affected. June 22, 2010 1 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN 2 AGRICULTURAL LAND PRESERVATION EASEMENT AND 3 THE ISSUANCE BY THE CITY OF ITS CONTRACT 4 OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF 5 $171,654 (Barry D. Knight and Paula W. Knight) 6 7 WHEREAS, pursuant to the Agricultural Lands Preservation Ordinance (the 8 "Ordinance"), Appendix J of the Code of the City of Virginia Beach, there has been 9 presented to the City Council a request for approval of an Installment Purchase Agreement 10 (the form and standard provisions of which have been previously approved by the City 11 Council, a summary of the material terms of which is hereto attached, and a true copy of 12 which is on file in the City Attorney's Office) for the acquisition of the Development Rights 13 (as defined in the Installment Purchase Agreement) on certain property located in the City 14 and more fully described in Exhibit B of the Installment Purchase Agreement for a 15 purchase price of $171,654; and 16 17 WHEREAS, the aforesaid Development Rights shall be acquired through the 18 acquisition of a perpetual agricultural land preservation easement, as defined in, and in 19 compliance with, the requirements of the Ordinance; and 20 21 WHEREAS, the City Council has reviewed the proposed terms and conditions of the 22 purchase as evidenced by the Installment Purchase Agreement; 23 24 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 27 1. The City Council hereby determines and finds that the proposed terms and 28 conditions of the purchase of the Development Rights pursuant to the Installment Purchase 29 Agreement, including the purchase price and manner of payment, are fair and reasonable 30 and in furtherance of the purposes of the Ordinance, and the City Manager or his designee 31 is hereby authorized to approve, upon or before the execution and delivery of the 32 Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal 33 balance of the purchase price set forth hereinabove as the greater of 3.880% per annum or 34 the per annum rate which is equal to the yield on United States Treasury STRIPS 35 purchased by the City to fund such unpaid principal balance; provided, however, that such 36 rate of interest shall not exceed 6.880% unless the approval of the City Council by 37 resolution duly adopted is first obtained. 38 39 2. The City Council hereby further determines that funding is available for the 40 acquisition of the Development Rights pursuant to the Installment Purchase Agreement on 41 the terms and conditions set forth therein. 42 43 3. The City Council hereby expressly approves the Installment Purchase 44 Agreement and, subject to the determination of the City Attorney that there are no defects 45 in title to the property or other restrictions or encumbrances thereon which may, in the 46 opinion of the City Attorney, adversely affect the City's interests, authorizes the City 47 Manager or his designee to execute and deliver the Installment Purchase Agreement in 48 substantially the same form and substance as approved hereby with such minor 49 modifications, insertions, completions or omissions which do not materially alter the 50 purchase price or manner of payment, as the City Manager or his designee shall approve. 51 The City Council further directs the City Clerk to affix the seal of the City to, and attest 52 same on, the Installment Purchase Agreement. The City Council expressly authorizes the 53 incurrence of the indebtedness represented by the issuance and delivery of the Installment 54 Purchase Agreement. 55 56 4. The City Council hereby elects to issue the indebtedness under the Charter 57 of the City rather than pursuant to the Public Finance Act of 1991 and hereby constitutes 58 the indebtedness a contractual obligation bearing the full faith and credit of the City. 59 60 Adoption requires an affirmative vote of a majority of all members of the City 61 Council. 62 63 Adopted by the Council of the City of Virginia Beach, Virginia, on this 2~n~ day of 64 June , 2010. CA11432 \\vbgov.com\DFS1 Wpplications\CityLawProd\cycom321Wpdocs\D010\P007\00059043.DOC R-1 DATE: June 10, 2010 APPROVED AS TO CONTENT ~~ Agriculture Department APPROVED AS TO LEGAL SUFFICIENCY: V` City Attorney's ffice CERTIFIED AS TO AVAILABILITY OF FUNDS: Director of finance 2 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT N0.2010-107 SUMMARY OF MATERIAL TERMS SELLER: KNIGHT, Barry D. & Paula W. PROPERTY LOCATION: 5000 block of Blackwater Road, Princess Anne District PURCHASE PRICE: $171,654 EASEMENT AREA: 38.43 acres, more or less DEVELOPMENT POTENTIAL: 3single-family dwelling sites (2 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 3.880% (actual rate to be determined when STRIPS are purchased prior to execution of IPA). Rate may not exceed 6.880% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IPA date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery of IPA. O p/~,,, ~ ~ a~ ~b~A x `~ c~ ~ A-~ ~~., ~ ~ M ~ M -66- Item J.8. ORDINANCES/RESOLUTION ITEM# 60076 Upon motion by Vice Mayor.Iones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE the acceptance of the dedication of four (4) permanent drainage easements in the Lakeview Park and Bradford Park Subdivisions Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 1 AN ORDINANCE TO AUTHORIZE THE 2 ACCEPTANCE OF THE DEDICATION OF 3 FOUR (4) PERMANENT DRAINAGE 4 EASEMENTS LOCATED IN THE 5 SUBDIVISIONS OF LAKEVIEW PARK AND 6 BRADFORD PARK 7 8 WHEREAS, the City of Virginia Beach (the "City") maintains a drainage 9 system throughout the City for the purpose of managing the City's stormwater 10 and other drainage needs; 11 12 WHEREAS, as part of its drainage system, the City maintains existing 13 drainage facilities (the "Drainage Facilities"), in the Lakeview Park and Bradford 14 Park subdivisions in some instances, the City does not have formal easements 15 establishing the authority to maintain the easements; 16 17 WHEREAS, Bruce W. and Joyce M. Pettet; Bonnie A. Patton; Reynold W. 18 and Bertha J. Williams; and Martha Elizabeth Andrews and James Reuben 19 Sawyer, the owners of four (4) properties in the Lakeview Park and Bradford 20 Park subdivisions, have approached the City and offered to dedicate easements 21 across their properties for the purpose of ensuring the City's continued ability to 22 maintain the Drainage Facilities (collectively the "Easements"); 23 24 WHEREAS, the location of the proposed Easements are shown on the 25 location map attached hereto and incorporated herein as Exhibit A; and 26 27 WHEREAS, acceptance of the dedication of the Easements would further 28 the City's operation and maintenance of the Drainage Facilities. 29 30 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 1. That the City Council authorizes the acceptance of the dedication of 34 the Easements as shown on Exhibit A, which Exhibit is attached hereto and 35 made a part hereof. 36 37 2. That the City Manager, or his designee, is authorized to execute all 38 documents that may be necessary or appropriate in connection with accepting 39 the dedication of the Easements, so long as such documents contain such terms 40 and conditions deemed necessary and sufficient by the City Manager and in a 41 form deemed satisfactory by the City Attorney. 42 43 Adopted by the Council of the City of Virginia Beach, Virginia, on the 44 22ndday of June , 2010. AP/PAR/OVED S TO CONTENT Public Works/ Operations CA11422 vbgov.com~DFS I `.Applications CityLawProd~cycom32'~. Wpdocs`:D026`P008~00057354. DOC R-1 June 14, 2010 APPROVE GAL SUFFICIE CY City Attorney O O O ~ y z :~ po ~-- Z=?~Yetti ~ ~ v t ~ O ~ W~WQtiN LLo w" ~`~" zZ~a~~ g Y M ,, O OO ~~ ~ ~W~p~~,~ ~ ~ ;.~~C. ~ QW1- Ord.. ~ ,- ~. ~ Q ~aa~~- ~ fig, l mpo~a~c ~s °R Y s~~~ O % XNyzmN~ O Z V1 ~ ~./ `,d0'. 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ORDINANCES/RESOL UTION ITEM # 60077 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED TO JULY 6T'; BY CONSENT: Ordinance to AWARD a Communication Tower Lease Agreement to New Cingular Wireless PCS, LLC at 1900 Sandbridge Road (Red Mill Farms Park) re constructing, maintaining and operating wireless telecommunication facilities and AUTHORIZE the City Manager to execute said Lease. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellittq Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 - 68 - Item J.10. ORDINANCES/RESOLUTION ITEM # 60078 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to grant Emergency Medical Services (EMS) permits from July 1, 2010, until June 30, 2011 to: a. American Lifeline Medical Transport, Inc. b. Children's Hospital of the King's Daughters Transport Team c. Eastern Shore Ambulance d. Medical Transport, L.L.C. e. Mid-Atlantic Regional Ambulance, Inc. f. Nightingale Regional Air Ambulance g. Special Event Providers of Emergency Medicine Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 1 AN ORDINANCE TO GRANT PERMITS ALLOWING 2 CERTAIN EMERGENCY MEDICAL SERVICES 3 AGENCIES TO OPERATE IN THE CITY OF VIRGINIA 4 BEACH 5 6 WHEREAS, pursuant to City Code Section 10.5-2, any organization that operates 7 an emergency medical services agency or any emergency medical services vehicle within 8 the City must first obtain a permit from City Council, and such permits must be renewed on 9 an annual basis; and 10 11 WHEREAS, applications for permit renewals have been received by the following 12 agencies: Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid- 13 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's Daughters Transport 14 Team, Life Evac Virginia, Special Event Providers of Emergency Medicine, Nightingale 15 Regional Air Ambulance, and Medical Transport, L.L.C.; and 16 17 WHEREAS, the above-listed private ambulance agencies perform services not 18 provided by the City's volunteer rescue squads, such as non-emergency inter-facility 19 transports, which include both basic and advance life support calls. 20 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF 22 VIRGINIA BEACH; 23 24 1. That the City Council hereby grants Emergency Medical Services permits to the 25 following agencies: 26 27 Eastern Shore Ambulance, American Lifeline Medical Transport, Inc., Mid- 28 Atlantic Regional Ambulance, Inc., Children's Hospital of the King's 29 Daughters Transport Team, Special Event Providers of Emergency Medicine, 30 Nightingale Regional Air Ambulance, and Medical Transport, L.L.C.. 31 32 2. That these permits shall be effective from July 1, 2010 until June 30, 2011. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 22ndday of June , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Emergency dical Services City Attor 's O i CA11530 R-1 June 7, 2010 -69- Item J.Il. ORDINANCES/RESOLUTION ITEM# 60079 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to APPOINT three (3) Viewers, each for a one year (1) term, beginning July 1, 2010, re the closure of streets and allies: a. Director of Planning b. Director of Public Works c. Director of Parks and Recreation Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. `Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 I 1 AN ORDINANCE APPOINTING THREE (3) VIEWERS FOR 2 ONE-YEAR TERMS BEGINNING JULY 1, 2010, TO VIEW 3 EACH STREET OR ALLEY PROPOSED TO BE CLOSED 4 5 WHEREAS, Section 33-11.2 of the City Code provides that "[t]hree (3) viewers 6 shall be appointed each year to serve terms of one year beginning July 1 to view each 7 and every street or alley proposed to be altered or vacated during the term;" and 8 9 WHEREAS, it is the desire of City Council to appoint the Directors of the 10 Departments of Planning, Public Works and Parks and Recreation to serve as viewers 11 for one-year terms, beginning July 1, 2010 and ending June 30, 2011. 12 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 16 That the Director of Planning, Director of Public Works and Director of Parks and 17 Recreation of the City of Virginia Beach are each hereby appointed as a viewer to serve 18 a one-year term beginning July 1, 2010 and ending June 30, 2011, to view each and 19 every application to close a street or alley, and to report in writing their opinion of what 20 inconvenience, if any, would result from discontinuing the street or alley or portion 21 thereof. Adopted by the Council of the City of Virginia Beach, Virginia on the ~~n~ day of June , 2010. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Depart e of P nnin City Attorney's Office CA11531 11 R-1 June 2, 2010 -~o- Item J.12. ORDINANCES/RESOLUTION ITEM # 60080 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way for Christopher G. and Terry A. Beale to maintain an existing deck and bulkhead adjacent to 2016 Blueberry Road, DISTRICT S - LYNNHAVEN subject to: The following conditions shall be required: 1. For and in consideration of the premises and of the benefits accruing, or to accrue, to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. 2. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach in accordance with the City s specifications and approval. 3. Providing, however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and, that the Grantee will bear all costs and expenses of such removal. S. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 6. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 7. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 8. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit'). June 22, 2010 -~1- Item J.12. ORDINANCES/RESOLUTION ITEM # 60080 (Continued) 9. It is further expressly understood and agreed that the Grantee must obtain and keep in force all- riskproperty insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $SDD, 000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 10. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements as established by the City. 11. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and, if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, Diezel, Robert M. Dyer, Barbara M. Mayor William D. Sessoms, Jr., John 1 L. Wood Council Members Voting Nay: None Council Members Absent: None William R. "Bill " DeSteph, Harry E. Henley, Vice Mayor Louis R. Jones, s. Uhrin, Rosemary Wilson and James June 22, 2010 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS ~ BLUEBERRY ROAD LOCATED 8 ADJACENT TO 2016 BLUEBERRY 9 ROAD, FOR PROPERTY OWNERS to CHRISTOPHER G. BEALE AND TERRI 11 A. BEALE 12 13 WHEREAS, Christopher G. Beale and Terri A. Beale desire to maintain an 14 existing deck and bulkhead within a portion of the City's right-of-way known as 15 Blueberry Road, located adjacent to 2016 Blueberry Road, in the City of Virginia Beach, 16 Virginia. 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 2 o City's right-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Christopher G. Beale and 26 Terri A. Beale, their heirs, assigns and successors in title are authorized to maintain 2 ~ temporary encroachments for a deck and a bulkhead in the City's right-of-way as shown 28 on the map marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT "A" FOR 29 CHRIS BEALE 2016 BLUEBERRY ROAD VIRGINIA BEACH, VIRGINIA 23451 AS 3o BUILT DATE: 1-28-06 SHEET 1 OF 1, prepared by Flint Construction Company 3712 31 Adams Street Portsmouth, Virginia 23703", a copy of which is on file in the Department 32 of Public Works and to which reference is made for a more particular description; and 33 34 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 35 subject to those terms, conditions and criteria contained in the Agreement between the 36 City of Virginia Beach and Christopher G. Beale and Terri A. Beale (the "Agreement"), 3 ~ which is attached hereto and incorporated by reference; and 38 39 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 4 o is hereby authorized to execute the Agreement; and 41 42 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 43 time as Christopher G. Beale and Terri A. Beale and the City Manager or his authorized 44 designee execute the Agreement. 45 46 Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day 4 ~ of June , 2010. CA-11389 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA11389 Beale Ordiance.doc V:V~pplications\CitylawProd\cycom32\W pdocs\D022\POOT00048916.DOC R-1 PREPARED: 5/25/10 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM ~----- c~~~~ - ( ~ PUBLIC WORKS, REAL E ATE ~ A RMEYER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 4th day of May, 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and CHRISTOPHER G. BEALE and TERRI A. BEALE, husband and wife, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lot 45", as shown on that certain plat entitled: "BROAD BAY COLONY LYNNHAVEN MAG. DIST. -PRINCESS ANNE CO., VA. PROPERTY OF DORIS N ABSALOM, CLYDE C. ABSALOM AND AILEEN TAYLOR BLACK SCALE: 1" = 100', MARCH 5, 1952, prepared by ALONZO L. CHERRY, CERTIFIED LAND SURVEYOR," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 29, at page 48, and being further designated, known, and described as 2016 Blueberry Road, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain a deck and a bulkhead, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as Blueberry Road the "Encroachment Area"; and G P I N : 1499-89-2380-0000 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT EXHIBIT "A" FOR CHRIS BEALE 2016 BLUEBERRY ROAD VIRGINIA BEACH. VIRGINIA 23451 AS BUILT DATE: 1-28- 06 SHEET 1 OF 1, prepared by Flint Construction Company 3712 Adams Street Portsmouth, Virginia 23703" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must 2 be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Department of Planning prior to commencing any construction within the Encroachment Area (the "Permit"). It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the 3 cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, CHRISTOPHER G. BEALE and TERRI A BEALE, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2010, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: (SEAL) City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2010, by ,CITY CLERK/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. Notary Public Notary Registration Number: My Commission Expires: _ (SEAL) 5 Ch ' pher G. Beale, Owner Terri A. eale, Owner ~~//"""~~__ STATE OF VIRGINIA CITY/COUNTY OF ~~,/~,fi~~-vo , to-wit: -tt~ The foregoing instrument was acknowledged before me this /' _ day of ~~~~'~~.;~,~ , 2010, by Christopher G. Beale, Owner. ANGELA N. TONEY Notary PubNc (S AL ) Nota Public °8 °} vrpinia 7260455 l I MY Commission Expires Sep 30, 2013 Notary Registration Number: 1 ~~ ~'7 S5 n , ~~"~ ~ My Commission Expires: 3~ ~~~ STATE OF VIRGINI CITY/COUNTY OF ~,l/U~`';tM~-~ , to-wit: / +h The foregoing instrument was acknowledged before me this ~'! day of ,a~ '~ { ~ ~Cv~ , 2010, by Terri A. Beale, Owner. X VELA N. TONEY J Mowry PubNc Comrnonwedtl- of Vi-pMis 7260155 ~ Commission Expires Sep 30, t (S A L ) tt ` f C Notary Public~~ ~~ ~,~ ,,~~ Notary Registration Number: ~ ~ U'` ~ `l J s R ~,2v 13 My Commission Expires: ~ ~ y, 6 APPROVED AS TO CONTENTS SIGNATURE ~1~5I ~ ~~IG~e~Q, eft DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM D A R RMEYER, ASSISTANT CITY ATTORNEY 7 BULKHEAD LINE ACROSS THE -^ LONG CR6fK --- Nb6'1r26"E 116.3-0 {TIE LINE ONLY} i~ (~ MHw a. WHEW ToucH AT BULKHEAD. -•'~ EXISTING 10' X 20' DECK. EXISTING 44' VINYL-- BULKHEAD RETURN.. r jV C Z a' m $ APO-'1' ~m ~ CITY OF VIRGINIA e ~ ~ ~~ ~ Ao v SCALE: 1.0" = 40' .~\ T4N0 STORY BRICK 8 FRAME >r 2015 tip. ~~ t ~.+3 w,, • ..•~ . s ~ ~~';~ Z :.CONCRETE'S ~/ •.'r~' DRIVE d~ ,,.;-r.~,.,-~ • ~,$ 99.25' ',,,.:., M. 5~ .r.• "' i Nye S~'i2'62"W 12' ACCESS ROAD h >~ ~~ + N p p O> 8 iV m Apo -' 2 ' a~ GPiN #:1499-89.3373 * RICHARD MORRIS 21112 BLUEBERRY ROAD OB d178 PG 85 ENCROACHMENT EXHIBIT "A" PROPOSED: EX. BULKHEAD & GPIN #: 1499-89-2380 DECK INSTRUMENT #:19991202020204490 FOR ADJACENT PROPERTY OWNERS: CHRtS BEALE DATUM: MLW 0.00' i) CITY OF VtRGINiA 2016 BLUEBERRY ROAD 2) MORRIS VIRGINIA BEACH. VIRGINIA 23431 AS BUILT DATE: 1-28-06 SHEET i of 1 FLINT COA-STRUCTlON COMPANY 3792 AbAlYlS STREET PORTSMOUTH, VlRGH1ilA 23703 TEL. 757-468-2?77 88' MLW TO MLw -72- Item J.13. ORDINANCES/RESOLUTION ITEM # 60081 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AUTHORIZE temporary encroachments into a portion of the City-owned right-of--way for Aqua Investment Associates, L.P. to construct and maintain a laminated glass entrance canopy, realign and add a water fountain, a raised 3 foot (3) concrete planter box, additional low-level landscaping to an existing landscaped medium and make improvements to existing curbing and brick pavers within the right- of-way at 39"' Street and Atlantic Avenue, DISTRICT 6 -BEACH The following conditions shall be required: For and in consideration of the premises and of the benefits accruing, or to accrue, to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand, paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach in accordance with the City's specifications and approval. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity and Grantee shall bear all costs and expenses of such removal. 4. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and, that the Grantee will bear all costs and expenses of such removal. 5. It is further expressly understood and agreed that the Grantee shall indemn~, hold harmless and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. 6. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. 7. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. June 22, 2010 -73- Item J.13. ORDINANCES/RESOLUTION ITEM#60081 (Continued) 8. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. 9. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed, except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. 10. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area. 11. It is further expressly understood and agreed that prior to issuance of aright-of--way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. 12. It is further expressly understood and agreed that the Grantee must obtain and keep in force all- risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500, 000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location and/or existence of the Temporary Encroachment. 13. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 14. It is further expressly understood and agreed that the Grantee must submit, for review and approval, a survey of the Encroachment Area, certified by a Registered Professional Engineer or a Licensed Land Surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a Registered Professional Engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 15. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and, pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter; and, may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. June 22, 2010 -74- Item J.13. ORDINANCES/RESOLUTION ITEM # 60081 (Continued) Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS 5 INTO A PORTION OF THE CITY 6 RIGHT-OF-WAY KNOWN AS 39T" 7 STREET AND ATLANTIC AVENUE s FOR AQUA INVESTMENT 9 ASSOCIATES, L.P. 10 11 WHEREAS, Aqua Investment Associates, L.P., a Virginia limited partnership 12 desires to construct and maintain a laminated glass entrance canopy, re-align and add 13 a water fountain (Maximum 4' tall), a raised 3' tall concrete planter box, and additional 14 low-level landscaping to an existing landscaped median, and to make improvements to 15 existing curbing and brick pavers within the City's right-of-way known as 39th Street and 16 Atlantic Avenue, in the City of Virginia Beach, Virginia; and 17 18 WHEREAS, City Council is authorized pursuant to §§ 15.2-2009 and 15.2-2107, 19 Code of Virginia, 1950, as amended, to authorize temporary encroachments upon the 2 o City's right-of-way subject to such terms and conditions as Council may prescribe. 21 22 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 23 VIRGINIA BEACH, VIRGINIA: 24 That pursuant to the authority and to the extent thereof contained in §§ 15.2- 25 2009 and 15.2-2107, Code of Virginia, 1950, as amended, Aqua Investment Associates, 26 L.P., its assigns and successors in title are authorized to construct and maintain 27 temporary encroachments for a laminated glass entrance canopy, a water fountain 2s (maximum 4' tall), a raised 3' tall concrete planter box, and additional low-level 29 landscaping to be added to an existing landscaped median, and to make improvements 3 o to existing curbing and brick pavers, in the City's right-of-way as shown on the map 31 marked Exhibit "A" and entitled: "EXHIBIT A FOR 39TH STREET RIGHT-OF-WAY 32 ENCROACHMENT AT HOLIDAY INN PARCEL A GPIN 2428-05-0202 (MB 217, PG 33 86) DATE: 3/25/10 SCALE: 1" = 20'," a copy of which is on file in the Department of 34 Public Works and to which reference is made for a more particular description; and 35 36 BE IT FURTHER ORDAINED, that the temporary encroachments are expressly 37 subject to those terms, conditions and criteria contained in the Agreement between the 3s City of Virginia Beach and Aqua Investment Associates, L.P. (the "Agreement"), which 3 9 is attached hereto and incorporated by reference; and 40 41 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 42 is hereby authorized to execute the Agreement; and 43 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in effect until such 45 time as Aqua Investment Associates, L.P. and the City Manager or his authorized 4 6 designee executes the Agreement. 47 4s Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nc7day 4 9 of June , 2010. CA-11228 R-1 PREPARED: 6/11/10 APPROVED AS TO CONTENTS BLIC WORKS, R APPROVED AS TO LEGAL SUFFICIENCY AND FORM A .HARMEYER, ASSISTANT CITY ATTORNEY PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE (BOX 31) EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this ~ day of ~u.v~e 2010, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and AQUA INVESTMENT ASSOCIATES, L.P., a Virginia limited partnership, ITS HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WITNESSETH: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Parcel A GPIN: 2428-05-0202 1.622 AC. LOTS 1, 2, 3, 4, 5, & 6, BLOCK 90 AND LOTS 4, 5, & 6, BLOCK 89" as shown on that certain plat entitled: "RESUBDIVISION OF LOTS 1, 2, 3, 4, 5, & 6, BLOCK 90 AND LOTS 4, 5, & 6, BLOCK 89 AND A PORTION OF 39TH STREET AS SHOWN ON PLAT ENTITLED PROPERTY OF VIRGINIA BEACH DEVELOPMENT CO. MAP NO. 3 (M.B. 3, P. 176-177) AND ALSO SHOWN ON PLAT ENTITLED MAP OF LINKHORN PARK (M.B. 5, PT. 2, PG. 151) VIRGINIA BEACH BOROUGH, VIRGINIA BEACH, VIRGINIA SCALE: 1" = 30', dated OCTOBER 31, 1991, prepared by BENCH MARK INC.," and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 217, at page 86, and being further designated, known, and described as 3915 Atlantic Avenue, Virginia Beach, Virginia 23451; GPIN: (CITY RIGHT OF WAY - NO GPIN REQUIRED OR ASSIGNED) 2428-05-0202-0000 WHEREAS, it is proposed by the Grantee to construct and maintain a laminated glass entrance canopy, re-align and add a water fountain (maximum 4' tall), a raised 3' tall concrete planter box, and additional low-level landscaping to be added to an existing landscaped median, and to make improvements to existing curbing and brick pavers, collectively, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right-of-way known as 39th Street and Atlantic Avenue, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), cash in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "EXHIBIT A FOR 39TH STREET RIGHT-OF-WAY ENCROACHMENT AT HOLIDAY INN PARCEL A GPIN 2428-05-0202 (MB 217, PG 86)" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. 2 Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify, hold harmless, and defend the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. 3 It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a building permit from the Department of Planning prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right-of-way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Department of Planning to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setback requirements, as established by the City. 4 It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said AQUA INVESTMENT ASSOCIATES, L.P., a Virginia limited partnership, the said Grantee has caused this Agreement to be executed in its name on its behalf by Thomas J. Lyons, President of 3900 Oceanfront Investment Associates, Inc., the General Partner of Aqua Investment Associates, L.P., a Virginia limited partnership, with due authority to bind said limited partnership. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name 5 and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 6 CITY OF VIRGINIA BEACH gy (SEAL) City Manager/Authorized Designee of the City Manager STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2010, by ,CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. He/She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: (SEAL) ATTEST: City Clerk/Authorized Designee of the City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of 2010, by ,CITY CLERM(/AUTHORIZED DESIGNEE OF THE CITY CLERK OF THE CITY OF VIRGINIA BEACH, VIRGINIA, on its behalf. She is personally known to me. (SEAL) Notary Public Notary Registration Number: My Commission Expires: 7 AQUA INVESTMENT ASSOCIATES, L.P., a Virginia limited ~rtnership gy (SEAL) Thomas J. Ly s, P esident of 3900 O eanfront Investment Associa s, Inc., the General Partner of Aqua Investment Associates, L.P. STATE OF ~tt~4tNtfl CITY/6•OF V r. ~t N +A P,>/~CN, to-wit: The foregoing instrument was acknowledged before me this . day of ,,~~~~ , 2010, by Thomas J. Lyons, President of 3900 Oceanfront Investment Associates, Inc., the General Partner of Aqua Investment Associates, L.P., a Virginia limited partnership. ~~`~ ~ r %, Nota Public `~ .~` ~4~0 MONW fi,9lT /Ty`/i~~ ~: GO y . REGISiRAiION NO. '; 7020623 _ Notary Registration Number: ~ ~~~ ~' ~3 '•.MYCOMM. EXP'IRES' Ol l31 /201 A My Commission Expires: l~hd-~? (~~' '~i,,~~~TgRYIpVe~~~~~ (THE REMAINDER OF THIS PAGE WAS INTENTIONALLY LEFT BLANK) 8 APPROVED AS TO CONTENTS 9.. C • ' ~,.~J.~ NATURE DEPARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM ___.---~ .HARMEYER, ASSISTANT CITY ATTORNEY 11'x17 PUBL/C ACCESS EASEMENT (MB 217„ PG 86J BRICK PAVER - PEDESTRI'AN SIDEWALK N 53'06' 04"W 18.18' EX/ST /RR/GAT/ON WATER L/NE EDGE OF SIDEWALK FLUSH' W/ DRIVE N72'S7'32"W 9.48' EX/ST P/PE SLEEI~£ l6Y/ l~YATER L/NE EX/ST P/PE SLEEVE W/ ELECTR/C L/NE EX/ST ELECTR/C L/NE EX/ST PLA~I/TER BOX S76'11'32"W / 65.43' EX/ST CANOPY 0.87' CANOPY ~ 14' MIN/19' MAX HT AND SUPPORT COLUMNS ~ 23' MAX HT h (MILD PAINTED STEEL AND EDGE CLAMPED CLEAR GLAZING SYSTEM) ~; 5' 0 C/TY D/SK~F~ ELEV=17. >0:-: : ~: ~.. - VDOT CG-2.:..: ,:,:..,o ** NOTE: FOR DETAILS SEE EDGE OF PROPOSED '~ "FOUNTAIN LAYOUT AND DETAILS" BRICK PAVERS EXHIBIT PREPARED BY SISKA AURAND ATIA~VAC A{EiVUE (60' R/!Y~ LANDSCAPE ARCHITECTS. INC., 3/2/10 FMB 117, PG 86~ C.~SCOTT CE Lic No. ~' 0 51 ~ !~~ ~ ~ ~ ~~G\~~~ ~S~OIVAL ~l PARCEL A (MB 217, PG 86) GPIN: 2428-OS-0202 AREA = 70,654 SF OR 1.622 AC , N 13°48'28" W 22.35'/ EXHIBIT A FOR 39TH STREET RIGHT-OF-WAY ENCROACHMENT AT HOLIDAY INN PARCEL A GPIN 2428-05-0202 (MB 217, PG 86) 513'48'28"E 10.00' SIGN OVER DOOR "PUBLIC BEACH ACCESS" - ,¢3900 6-STORY STUCCO FF-18.97 N 14°12'04"E 21.20' BOLLARD (TYP OF 9) X1.39 S76'11'32"W %/-75.13' I CURB WIPEDOWN VDOT CG-2 EDGE OF PROPOSED BRICK PAVERS ~- SECTION OF EXISTING CURB AND SIDEWALK TO REMAIN WATER FOUNTAIN ® 4' MAX HT ** RAISED PLANTER 2'-6" MAX HT (TREATED CAST IN PLACE CONC.) ** ~ C/TY D/SK(F~ ~~ N134828W ~ 150.00' SI¢N ON WALL "P~JBLIC BEACH ACCESS" EDGE Ofd PROP BRICK PAVERS MSA, P.C. Environmental Sciences • Geosciences • Planning Surveying • Engineering • Landscape Architecture 5033 Rouse Drivee,, Vupnia Beach, VA 23462 757-490-9264 (Ofc) ~757~90-0634 (Fax) www n m m am~aos & Virginia's Eastern Shore PROJ. NO.: 09075 DATE: 6/15/10 SCALE: 1 "=20' ,~ r~ w ~j ,\o N _ V. hj M i ~ ~ ~ ~ ~ r; ~p N ? ~ z S13'48'28"E 26.72' %~,. j -BRICK PAVER VEHICULAR DRIVE -75- Item J.14. ORDINANCES/RESOL UTIDN ITEM # 60082 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to AMEND the FY 2010-11 Operating Budget of Housing and Neighborhood Preservation and INCREASE the authorization for a Section 108 Loan from the Federal Government Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 22, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 AN ORDINANCE TO AMEND THE FY 2010-11 OPERATING BUDGET OF THE DEPARTMENT OF HOUSING AND NEIGHBORHOOD PRESERVATION AND TO INCREASE THE AUTHORIZATION FOR A SECTION 108 LOAN FROM THE FEDERAL GOVERNMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Department of Housing and Neighborhood Preservation's FY 2010-11 Operating Budget is amended by the amounts and purposes set forth below: (A) $90,000 is hereby appropriated to the Community Development Special Revenue Fund, with estimated federal revenue increased accordingly; and (B) $99,295 is hereby appropriated to the CD Loan and Grant Fund, with estimated federal revenue increased accordingly; and (C) $805,809 of fund balance is hereby appropriated from the Federal Section 8 Program Special Revenue Fund, with specific fund reserves increased accordingly; and (D) $97,800 of grant funding is hereby transferred within the CD Loan and Grant Fund to maximize the provision of various housing services; and (E) $110,000 of grant funding is hereby transferred within the Federal Housing Assistance Grant Fund to maximize the provision of various housing services. (F) Appropriations of $94,142 of previously appropriated funding is hereby reduced within the Grants Consolidated Special Revenue Fund, with estimated federal revenue decreased accordingly; and (G) $8,342 of previously appropriated funding is hereby reduced within the Federal Housing Assistance Grant Fund, with estimated federal revenue decreased accordingly; and (H) Establish the Federal Section 108 Loan Program Special Revenue Fund within the City accounting structure; and (I) $1,230,000 is hereby appropriated to the Federal Section 8 Loan Program Special Revenue Fund, with estimated federal revenue increased accordingly. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of June , 2010. Requires an affirmative vote by a majority of all of the members of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~= anage ent ervices i ey's Office CA11541 R-2 June 11, 2010 -76- Item J. l S. ORDINANCES/RESOLUTION ITEM # 60083 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinances to ACCEPT and APPROPRIATE: a. $160, 664 from the Virginia Department of Agriculture and Consumer Services to the FY 2009-10 Agriculture Operating Budget to partially reimburse the City for the acquisition of a preservation easement. b. $104,999 from the Virginia Department of Behavioral Health and Developmental Services to the FY 2009-10 Human Services Operating Budget for therapeutic services to infants and toddlers c. $12, 000 from the Third Annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception to the Virginia Beach Education Foundation, Hope House Foundation and Growsmart re Ready to Learn Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 FUNDS FROM THE VIRGINIA DEPARTMENT OF 3 AGRICULTURE AND CONSUMER SERVICES TO 4 THE DEPARTMENT OF AGRICULTURE TO 5 REIMBURSE THE CITY FOR A PORTION OF THE 6 COST TO ACQUIRE A PRESERVATION EASEMENT 7 8 WHEREAS, the ARP Special Revenue Fund is eligible for reimbursement from 9 the State for up to 50% of the value of the agricultural preservation easement for the 10 Bonnie B. Marrow Revocable Trust; and 11 12 WHEREAS, the acquisition cost for this easement totaled $321,328. 13 14 NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 15 BEACH, VIRGINIA, THAT: 16 17 $160,664 is hereby accepted from the Virginia Department of Agriculture and 18 Consumer Services and appropriated, with estimated state revenues increased 19 accordingly, to the FY 2009-10 Operating Budget of the Department of Agriculture to 20 partially reimburse the City for the acquisition of a preservation easement. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of June , 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content ,~ ~. Managemen Services Approved as to Legal Sufficiency it rney's Office CA11540 R-2 June 9, 2010 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS 2 FROM THE VIRGINIA DEPARTMENT OF BEHAVIORAL 3 HEALTH AND DEVELOPMENT SERVICES TO THE FY 2009- 4 10 OPERATING BUDGET OF THE DEPARTMENT OF 5 HUMAN SERVICES 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRGINIA: 8 9 That $104,999 from the Virginia Department of Behavioral Health and 10 Developmental Services is hereby accepted and appropriated, with revenue from the State 11 increased accordingly, to the FY 2009-10 Operating Budget of the Department of Human 12 Services to provide therapeutic services to infants and toddlers. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of June 2010. Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content: _ ~!/~ ~ - Management Services Approved as to Legal Sufficiency: City Att 's ffice CA11538 R-2 June 10, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 AN ORDINANCE TO ACCEPT AND APPROPRIATE FUNDS RESULTING FROM THE THIRD ANNUAL VIRGINIA BEACH BUSINESS APPRECIATION CHARITY GOLF CLASSIC AND NETWORKING RECEPTION, WHICH THE CITY WILL DONATE TO THE VIRGINIA BEACH EDUCATION FOUNDATION, HOPE HOUSE FOUNDATION, AND GROWSMART, THE CITY OF VIRGINIA BEACH'S READY TO LEARN INITIATIVE WHEREAS, on May 7, 2010, the Virginia Beach Development Authority and the Department of Economic Development hosted the third annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception at the Virginia Beach National Golf Club, which generated $12,000 that can be donated to local charitable programs. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA, THAT: 1. A contribution of $12,000 is accepted and appropriated to the General Fund from the third annual Virginia Beach Business Appreciation Charity Golf Classic and Networking Reception. 2. Estimated Revenue is increased accordingly. 3. The contributed funds will be donated to the Virginia Beach Education Foundation, Hope House Foundation, and GrowSmart, the City of Virginia Beach's Ready to Learn Initiative. Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day of June , 2010. Requires an affirmative vote by a majority of all the members of City Council. APPROVED AS TO CONTENT: ~~ ~. r / Management Services APPROVED AS TO LEGAL SUFFICIENCY: ity rney's Office CA11537 R-1 June 8, 2010 -~~- Item J.16. ORDINANCES/RESOLUTION ITEM # 60084 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to APPROPRIATE $10,106 from donations, sale of salvage equipment and cost recovery to the Fire Hazardous Materials Team Voting: 11-0 (By Consent) Cozmcil Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay.' None Council Members Absent: None June 22, 2010 1 AN ORDINANCE TO APPROPRIATE FUNDS FROM 2 DONATIONS, SALE OF SALVAGE EQUIPMENT, AND 3 COST RECOVERY TO THE FIRE DEPARTMENT 4 5 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 6 VIRGINIA: 7 8 That the FY 2009-10 Operating Budget of the Fire Department is hereby 9 amended for the purposes and amounts set forth below: 10 11 1) $990 in gift fund revenue is hereby accepted and appropriated, with gift 12 fund revenues increased accordingly, to support fire programs; and 13 14 2) $2,600 in sale of salvage equipment revenue is hereby appropriated, with 15 revenues from sale of salvage materials increased accordingly, to 16 reimburse the cost of previous replacement equipment; and 17 18 3) $6,516 in cost recovery revenue is hereby appropriated, with local revenue 19 increased accordingly, for replacement of chemical meters and other 20 hazardous material response equipment. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia on the 22nd day 23 of June , 2010. 24 25 Requires an affirmative vote by a majority of all of the members of City Council. Approved as to Content ~~ ~_` ..~ ~~.~~ Management Services Approved as to Legal Sufficiency ity A y's Office CA11539 R-2 June 10, 2010 -~s- Item J.17. ORDINANCES/RESOLUTION ITEM # 60085 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT: Ordinance to TRANSFER $664, 651 within the FY 2010-11 School Operating Budget Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 AN ORDINANCE TO TRANSFER $664,651 WITHIN THE FY 2010-11 SCHOOL OPERATING BUDGET WHEREAS, the School Board adopted a resolution at its May 25, 2010 meeting that stated categorical funding with changes to the categorical funding approved by the City Council on May 11, 2010. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $664,651 is hereby transferred within the FY 2010-11 School Operating Budget from the Instruction Category in the amounts set forth below: (1) $380,073 to the Pupil Transportation Category; and (2) $284,578 to the Operations and Maintenance Category. Adopted by the Council of the City of Virginia Beach, Virginia, on the 22nd day of June , 2010. APPROVED AS TO CONTENT: ~~~~~ Management Services APPROVED AS TO LEGAL SUFFICIENCY: ~ ney's Office CA11533 R-1 June 2, 2010 ' ~ IRGINIA BEACH CITY PUBLIC SCHOOLS A H E A D O F T H E C U R V E SCHOOL BOARD Daniel D. Edwards Chairman District 1-Centerville 1513 Beachview Drive VA Beach, VA 23464 495-3551 (h) • 717-0259 (c) William J. "Bill" Brunke, IV Vice•Chairman District 7 -Princess Anne 4099 Foxwood Drive, Suite 201 Virginia Beach, VA 23462 222-0134 (w) • 286.2772 (c) Todd C. Davidson At-Large 2424 Savannah Trail VA Beach, VA 23456 427-3330 (w) • 285-9409 (c) Emma L. "Em" Davis District 5 - Lynnhaven 1125 Michaelwood Drive VA Beach, VA 23452 340-8911 (h) Patricia G. Edmonson District 6 -Beach 205 34"~ Sheet, #1515 VA Beach, VA 23451 675.0137 (c) Brent N. Mckenzie District 3 -Rose Hall 1400 Brookwood Place VA Beach, VA 23453 816-2736 (c) Ashley K. McLeod At-Large 5508 Del Park Avenue VA Beach, VA 23455 552-0348 (h) Patrick S. Salyer At-Large 1741 Seaton Drive VA Beach, VA 23464 620 2141 (c) D. Scott Seery At-Large 222 Central Park Ave. Ste 1300 VA Beach, VA 23462 333-4042 (w) • 353-776(1 (c) Sandra Smith•Jones District 2 - Kempsville 705 Rock Creek Court VA Beach, VA 23462 490-8167 (h) Carolyn D. Weems District 4 - Bayside 1420 Claudia Drive VA Beach, VA 23455 464-6674 (h) SUPERINTENDENT James G. Merrill, Ed.D. 2512 George Mason Drive VA E3each, VA 23456 263-1007 May 25, 2010 The Honorable William D. Sessoms, Mayor Members of City Council City of Virginia Beach Building 1 Municipal Center Virginia Beach, VA 23456 Dear Mayor Sessoms and Members of City Council: The budget ordinance approved by City Council on May 11, 2010 where the Schools' budget was approved included categorical totals that were not based on a School Board request. The categorical totals were adopted by the School Board at their regular meeting held May 25, 2010 as follows: Instruction $ 498,514,291 Administration, Attendance & Health $ 21,459,974 Pupil Transportation $ 29,925,934 f _ _ - - -_ _ _ _ _ -- ------- Operations & Maintenance $ 89,260,351 Total $ 639,160,550 Sincerely, Daniel D. Edwards Chairman, School Board, City of Virginia Beach School Administration Building • 2512 George Mason Drive • P.O. Box 6038 • Virginia Beach, VA 23456-0038 R~ ~ -79- Item K. PLANNING ITEM # 60086 1. DML DESIGNS, LLC T/A CONDITIONAL USE PEMIT GODSPEED TATTOO/JETTELLIS, LLC 2. RORY CLIFF and MICHELE M. CARTER CONDITIONAL USE PERMIT 3. NEW OAK BAPTIST CHURCH CONDITIONAL USE PERMIT 4. BAYLAKE UNITED METHODIST CHURCH CONDITIONAL USE PERMIT S. CINGULAR WIRELESS CONDITIONAL USE PERMIT 6. ELECTRONICDISPLAYSIGNS Ordinance to AMEND Sections Ill and 2l2 City Zoning Ordinance (CZO) defining the term "Electronic Display Sign" and prohibiting such signs in all Zoning Districts. June 22, 2010 -80- Item K.1. PLANNING ITEM # 60087 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ite`ns 1 (AMENDED CONDITION), 2, 3, and 4 of the PLANNING BY CONSENT AGENDA: Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 -81- Item K.1. PLANNING ITEM # 60088 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, with AMENDED Condition, Ordinance upon application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC, for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road, BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance re application of DML DESIGNS, LLC T/A GODSPEED TATTOO/JETTELLIS, LLC for a Conditional Use Permit re a tattoo parlor at 3795 Bonney Road. (GPIN # 14873357880000) DISTRICT 3 -ROSE HALL 8061035421 The following conditions shall be required: A business license shall not be issued to the applicant without the approval of the Health Department for consistency with the provisions of Chapter 23 of the City Code. 2. Any signage for the building and the Tattoo Studio shall meet the requirements of the City Zoning Ordinance with the addition of limiting signage as follows: there shall be no signs, including neon, L.E.D. or otherwise, or neon or L.E.D. accents, installed on any wall area of the exterior of the building, windows and/or doors. 3. The use of L.E.D. shall be prohibited from any portion of a freestanding sign that advertises specifically for the Tattoo Studio. 4. The Conditional Use Permit for the Tattoo Studio is approved for a period of one (1) year with an administrative review every year thereafter. S. The actual tattooing operation on a customer shall not be visible from any public right-of--way adjacent to the establishment. 6. There shall be no signage visible from the exterior of the building that indicates tattooing or piercing is being conducted in the facility. This condition also applies to any signs on the inside of windows. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second of June ,Two Thousand Ten June 22, 2010 -82- Item K.l. PLANNING ITEM # 60088 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Cozmcil Members Absent: None June 22, 2010 - 83 - Item K.2. PLANNING ITEM # 60089 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance upon application of RORY CLIFF and MICHELE M. CARTER for a Conditional Use Permit re a residential kennel at 1548 Nanneys Creek Road BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of RORY CLIFF and MICHELE M. CARTER for a Conditional Use Permit re a residential kennel at 1548 Nanneys Creek Road, (GPIN.• 24107616550000) DISTRICT 7 - PRINCESSANNE 8061035422 The following conditions shall be required: 1. No more than fourteen (14) adult dogs (over six (6) months of age) shall be kept on the property at any time. 2. The applicant shall maintain the dogs in a current status for any required shots and shall properly license the dogs through the City of Virginia Beach. 3. The dog litter shall be picked up and disposed of on a daily basis. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second of June ,Two Thousand Ten Voting: I1-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: June 22, 2010 -84- PLANNING ITEM # 60090 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance upon application of NEW OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re a new social hall, kitchen area, classrooms, conference room, main lobby and additional restrooms at 3200 Head River Road. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of NEW OAK GROVE BAPTIST CHURCH for a Conditional Use Permit re a new social hall, kitchen area, classrooms, conference room main lobby and additional restrooms at 3200 Head River Road, (GPIN #1389750520000) DISTRICT 7 -PRINCESS ANNE 8061035423 The following condition shall be required.• The site shall be developed substantially in accordance with the submitted conceptual site layout entitled "New Oak Grove Baptist Church Addition" prepared by MSA, P.C. dated 03/01/10. Said plan has been exhibited to the Virginia Beach City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107 (fl of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second of June ,Two Thousand Ten Voting.• 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 22, 2010 -85- Item K.4. PLANNING ITEM # 60091 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED, BY CONSENT, Ordinance upon application of BAYLAKE UNITED METHODIST CHURCH for a Conditional Use Permit re incorporating recently purchased property at 4309 Blackbeard Road into their existing church site for church-related outdoor activities. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of BAYLAKE UNITED METHODIST CHURCH fora Conditional Use Permit re incorporating recently purchased property at 4309 Blackbeard Road into their existing church site for church-related outdoor activities (GPIN # 14798842230000;14798850940000;14798862310000;14798851190000; 14798831540000 DISTRICT 4 - BAYSIDE 061035424 The following condition shall be required: A subdivision plat vacating all internal lot lines shall be submitted to the Development Services Center for recordation. This Ordinance shall be effective in accordance with Section 107 (~ of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second of June ,Two Thousand Ten Voting: 11-0 (By Consent) Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Coacncil Members Absent: None June 22, 2010 -86- Item K.S. PLANNING ITEM # 60092 The following registered to speak: Attorney Lisa Murphy, LeClair Ryan, One Columbus Center, Suite 525, Phone: 217-4537, represented the applicant. This site was first brought to Planning staff in the Spring of 2007. A map was displayed depicting the site around Charity Neck Road. Cingular Wireless (known as AT & T) has continued to work on this particular site, as there is no reliable wireless coverage in the Southern part of Virginia Beach. Petition in support of the Cingular/AT & T Cell Tower is hereby made a part of the record. The following registered in OPPOSIITION: Jaynes Diersen, 1780 Gum Bridge Road, Phone: 426-8140, expressed concern and believes there are better sites for location, such as the water tower for the Airport, a mile from his house. Mr. Diersen displayed photographs of flooding in this area. The tower could create a barrier which could further impact property values. The water comes up to the foundation of his house three or four times a year. The property does not drain properly. Cecil Nicholos, 1789 Gum Bridge Road, Phone: 721-3864, has followed the development of cell towers over the years. Mr. Nicholos is concerned about the proximity of the site. Although cell towers produce different frequencies than TV or FM stations, they nevertheless emit high frequency electromagnetic radiation. Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council ADOPTED/with CORRECTED CONDITIONS an Ordinance upon application of CINGULAR WIRELESS for a Conditional Use Permit re a communication tower at 4021 Charity Neck Road, DISTRICT 7 -PRINCESS ANNE; BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CINGULAR WIRELESS for a Conditional Use Permit re a communication tower at 4021 Charity Neck Road, (GPIN # 24115502520000) DISTRICT 7 -PRINCESS ANNE 061035425 The following CORRECTED conditions shall be required: 1. The tower shall be constructed substantially in adherence to the site plans entitled "NF308C -Pleasant Ridge Road - 4021 Charity Neck Road, "prepared by ALLPRO Consulting Group., and dated 04/04/10. This site plan has been exhibited to City Council and is on file with the Department of Planning. 2. The tower shall be limited in height to one hundred ninety-five (195) feet. 3. Landscaping around the tower shall comply with the City of Virginia Beach requirements. 4. No signs indicating the location of this facility are allowed. June 22, 2010 -87- Item K.S. PLANNING ITEM # 60092 (Contnued) 5. Unless a waiver is obtained from the City of Virginia Beach Department of Communications and Information Technology (COMIT), a radio frequency emissions study (RF Study), conducted by a qualified Engineer licensed to practice in the Commonwealth of Virginia, showing that the intended user(s) will not interfere with any City of Virginia Beach emergency communications facilities, shall be provided prior to site plan approval for the tower and all subsequent users. 6. In the event interference with any City of Virginia Beach emergency communications facilities arises from the users of this tower, the user(s) shall take all measures reasonably necessary to correct and eliminate the interference. If the interference cannot be eliminated within a reasonable time, the user shall immediately cease operation to the extent necessary to stop the interference. 7. Should the antennae cease to be used for a period of more than one (1) year, the applicant shall remove the antennae and the supporting tower and related equipment. 8. The tower will not be lit. 9. Applicant, and/or the owner, will plant Leland Cyprus trees along the portions of the property line shared with the adjacent property owner to the East of the tower. The Applicant will not disturb the adjacent property owner's landscaping and trees and will allow them to remain in their current location. 10. The portion of the subject property between the tower and the adjoining property to the East will remain undeveloped and be used only for Agricultural purposes, except as shown on the site plan. 11. Applicant will install aboard-on-board wooden fence around the equipment compound in addition to the required landscaping. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the City Council of the City of Virginia Beach, Virginia, on the Twenty-second of June , Two Thousand Ten June 22, 2010 II III' Item K.S. PLANNING Voting: 10-0 Council Members Voting Aye: -00- ITEM # 60092 (Contnued) Rita Sweet Bellitto, Glenn R. Davis, William R. Robert M. Dyer, Vice Mayor Louis R. Jones, John E. Uhrin, Rosemary Wilson and James L. Council Members Voting Nay: None Council Members Abstaining: Barbara M. Henley Council Members Absent: None "Bill " DeSteph, Harry E. Diezel, Mayor William D. Sessoms, Jr., Wood Council Lady Henley DISCLOSED and ABSTAINED Pursuant to Section 2.2-311 S(G), Code of Virginia regarding City Council 's discussion on the application of Cingular Wireless for a Conditional Use Permit for a communications tower at 4021 Charity Neck Road. The property is owned by William E. Chaplain and Billy W Chaplain (the "Chaplain property "). A cemetery is located adjacent to the property. Mrs. Henley and her family own lots in the cemetery and her husband serves, without compensation, on the Cemetery's Board. The Board has reason to believe some graves are located on a portion of the Chaplain property that is adjacent to the Cemetery. Billy W. Chaplain has suggested his decision on whether to sell that portion of the Chaplain property to the Cemetery Board will be contingent upon the outcome of the above-referenced Conditional Use Permit application. Although the City Attorney has advised her that she may participate in this transaction upon her disclosure of her interest, Council Lady Henley wishes to ABSTAIN from voting on this matter. Council Lady Henley's correspondence of June 22, 2010, is hereby made a part of the record. 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I am executing this written disclosure regarding City Council's discussion and vote on the application of Cingular Wireless for a Conditional Use Permit for a communications tower at 4021 Charity Neck Road. 2. The property that is the subject of the application is owned by Mr. William E. Chaplain and Mr. Billy W. Chaplain (the "Chaplain property"). 3. A cemetery is located adjacent to the property. My family and I own lots in the cemetery, and my husband serves, without compensation, on the cemetery's board. The board has reason to believe that some graves are located on a portion of the Chaplain property that is adjacent to the cemetery. Mr. Billy W. Chaplain has suggested that his decision on whether to sell that portion of the Chaplain property to the cemetery board will be contingent upon the outcome of the above-referenced CUP application. 3513 CHARITY NECK ROAD, VIRGINIA BEACH, VIRGINIA 23456 Mrs. Ruth Hodges Smith -2- Re: Disclosure and Abstention June 22, 2010 4. Although the City Attorney has advised me that I may participate in this transaction upon my disclosure of my interest, I have chosen to voluntarily abstain from voting on this matter. I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, c ~- Barbara M. Henley Councilmember BMH/RRI Mark D. Stiles, City Attorney -89- Item K.6. PLANNING ITEM # 60093 The following registered to speak in SUPPORT of LED signs. John Wilson, Chair -Virginia Beach Division, Hampton Roads Chamber of Commerce, also co-owner WBR Insurance, 3213 Virginia Beach Boulevard, Phone: 340-0028 The following registered to speak in OPPOSITION of LED signs.• Robert G. Jones, represented the Virginia Beach Beautification Commission. The Commission SUPPORTS the City Manager's recommendation that the LED signs be banned. Johnnie Miller, resident of Kempsville for forty (40) years, life member and Past President of the Virginia Beach Beautification Commission. Ms. Miller is also the Past President of the Council of Garden Clubs and served proudly on the original sign ordinance committee appointed by the City Council in the 1980's. Ms. Miller requested the LED signs be banned. Rear Admiral Tom Ward, USN, Ret., life member Beautification Commission, stated LED signs are not economically.feasible and are a safety hazard Nancy Parker, resident of Virginia Beach for forty-six years and former Member of City Council when many of the beautification Ordinances were adopted. Mrs. Parker cited various technologically correct cities which banned these LED'S. Judy Connors, advised many in attendance labored for twenty plus years to make this City beautiful. These signs are commercial. Reba McClanan, noted the Ordinance presented by Council Members Davis and Wilson was the 25"' Revision: Ordinance to Amend Section 111 and ADD New Section 217 to the City Zoning Ordinance, defining monument signs and electronic display signs and establishing requirements for such signs B. H. Pat Bridges, 1393 Naples Court, Phone: 716-2039, life long resident; however has visited 50 States. Many improvements have been made in Virginia Beach the last 30 years, some of which are due to the efforts of the Virginia Beach Beautification Commission. Mr. Bridges is proud to be one of the individuals responsible for the improved appearance of Virginia Beach. A MOTION was made by Councilman Davis, seconded by Council Lady Wilson to ADOPT: Ordinance to AMEND Section 111 and ADD New Section 217 to the City Zoning Ordinance, defining monument signs and electronic display signs and establishing requirements for such signs Upon SUBSTITUTE MOTION by Council Lady Henley, seconded by Vice Mayor Jones, City Council ADOPTED: Ordinance to AMEND Sections 111 and 212 of the City Zoning Ordinance (CZO) defining the term "Electronic Display Sign "and prohibiting such signs in all Zoning Districts. LED SIGNS BANNED BY ORDINANCE June 22, 2010 -90- Item K. 6. PLANNING ITEM # 60093 (Continued) Voting.• 6-S Council Members Voting Aye: Harry E. Diezel, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., Rosemary Wilson and James L. Wood Council Members Voting Nay: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Robert M. Dyer and John E Uhrin Council Members Absent: None June 22, 2010 1 AN ORDINANCE TO AMEND SECTIONS 111 AND 212 OF 2 THE CITY ZONING ORDINANCE, DEFINING THE TERM 3 "ELECTRONIC DISPLAY SIGN" AND PROHIBITING SUCH 4 SIGNS IN ALL ZONING DISTRICTS 5 6 Section Amended: City Zoning Ordinance Sections 111 and 7 212 8 9 WHEREAS, the public necessity, convenience, general welfare and good zoning 10 practice so require; 11 12 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That Sections 111 and 212 of the City Zoning Ordinance are hereby amended 16 and reordained, to read as follows: 17 18 Sec. 111. Definitions. 19 For the purpose of this ordinance, words used in the present tense shall include 20 the future; words used in the singular number include the plural and the plural the 21 singular; the use of any gender shall be applicable to all genders; the word "shall" is 22 mandatory; the word "may" is permissive; the word "land" includes only the area 23 described as being above mean sea level; and the word "person" includes an individual, 24 a partnership, association, or corporation. 25 26 In addition, the following terms shall be defined as herein indicated: 27 .... 28 Sipn electronic display A sign containing light emittina diodes (LEDs) fiber 29 optics, light bulbs, plasma display screens or other illumination devices or a series of 30 vertical or horizontal slats or cylinders that are capable of being rotated at intervals that 31 are used to change the messages intensity of light or colors displayed by such sign 32 The term shall not include sians on which lights or other illumination devices display 33 only the temperature or time of day in alternating cycles of not less than five (5) 34 seconds. 35 36 .... 37 38 ARTICLE 2. GENERAL REQUIREMENTS AND PROCEDURES APPLICABLE 39 TO ALL DISTRICTS 40 .... 41 42 B. SIGN REGULATIONS 43 .... 44 45 Sec. 212. Prohibited signs. 46 47 The following signs shall be prohibited: 48 49 .... 50 51 (m) Electronic display signs. 52 53 54 Adopted by the City Council of the City of Virginia Beach, Virginia, on the 22"a 55 day of June, 2010. 2 -91- ItenZ L.1. APPOINTMENTS ITEM # 60094 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: HUMAN RIGHTS COMMISSION June 22, 2010 -92- Item L.2. APPOINTMENTS ITEM # 60095 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Interim Police Chief James A. Cervera Unexpired Term to 6/30/11 CHESAPEAKE BAYALCOHOL SAFETYACTION Voting: 11-0 Council Members Voting Aye: Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent.• None June 22, 2010 -93- Item L.3. APPOINTMENTS ITEM # 60096 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Kevin Chee Junior - Kempsville High School 2 Year Term 9/1/10 - 8/3l/I2 PARKS and RECREATION COMMISSION Voting: 11-0 Council Members Voting Aye. Rita Sweet Bellitto, Glenn R. Davis, William R. "Bill " DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Mayor William D. Sessoms, Jr., John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June 22, 2010 -94- Item V.M. UNFINISHED BUSINESS ITEM # 60097 BY CONSENSUS, City Council ACCEPTED and DIRECTED the City Clerk to record: ABSTRACT OF VOTES HOUSE OF REPRESENTATIVES, 2ND DISTRICT JUNE 8, 2010 June 22, 2010 ABSTRACT OF VOTES cast in the City of Virginia Beach ,Virginia, at the June 8, 2010 Republican Primary Election for: MEMBER HOUSE OF REPRESENTATIVES 2nd District NAMES OF CANDIDATES AS PRINTED ON BALLOT Ben Loyola, Jr. E. Scott Rigell Bert K. Mizusawa Jessica D. Sandlin Scott W. Taylor Ed C. Maulbeck TOTAL VOTES RECEIVED (IN FIGURES 8,000 ................. 11.073 3.639 1,300 2,425 1, 066 Total Number of Overvotes for Office ............••••••••••••••••••••••• 2 We, the undersigned Electoral Board, upon examination of the official records deposited with the Clerk of the Circuit Court of the election held on June 8, 2010, do hereby certify that the above is a true and correct Abstract of Votes cast at said election for Member of the House of Representatives in the Congress of the United States. Given under our hands this A copy testes Electoral Board Seal Chairman ~e Chairman Secretary ~ctoral Board 9th, day of June, 2010. L~~~ -95- Items O. ADJOURNMENT ITEM # 60098 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7:26 P.M. Be>>erlu~C~Hooks, CMC Y Chief Deputy City Clerk uth Hodges Fraser, MMC City Clerk City of Virginia Beach Virginia William D. Sessoms, Jr. Mayor June 22, 2010 -95- Items O. ADJOURNMENT ITEM # 60098 Mayor William D. Sessoms DECLARED the City Council Meeting ADJOURNED at 7:26 P.M. ~ D. ~~~~, ---------- -- ----------- Beverdy~~~ooks, CMC Chief Deputy City Clerk - - - -------1~ - -~~C'~!l___ uth Hodges Fraser, MMC William D. Sessoms, Jr. City Clerk Mayor Ciry of Virginia Beach Virginia June 22, 2010