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HomeMy WebLinkAbout JUNE 28, 1994 MINUTESCit>~¢>t' \'ir~i~i~ I "WORLD'S LARGEST RESORT CITY" CITY COUNCIL AGENDA JUNE 28, ~994 CITY MANAGER'S BRIEFINGS - Council Chamber - 3:00 PM PERSONAL PROPERTY - CHANGES IN BILLING SYSTEM John T. Atkinson, Treasurer VIRGINIA BEACH OUTDOORS PLAN Susan D. Walston, Director, Parks and Recreation INFORMAL SESSION - Council Chamber - 4:00 PM CALL TO ORDER - Mayor Meyera E. Oberndorf ROLL CALL OF CiTY COUNCIL RECESS TO EXECUTIVE SESSION FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oborndorf B. INVOCATION: Chaplain William B. Dodd - Retired Pastor Church of the Nazarene C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CiTY COHNCIL 1. INFORMAL & FORMAL SESSIONS - June 14, 1994 CONSENT AGENDA All matters listed under the Consent Agenda are considered in the ordinary Course of business by City Council and will be enacted by one motion in the form listed. If an item is removed from the Consent Agenda, it will be discussed and voted upon separately. Resolution to endorse a uniform motor vehicle license decal renewal date of February Fifteenth for all Hampton Roads jurisdictions. Ordinances to AMEND and REORDAIN the Code of the City of Virginia Beach, Virginia: Sections 4-85, 4-87.1, 4-92, 4-92.2, 4-93 and 4-94 re bingo games and raffles Sections 5-73 and 5-87 re animals Section 22-11 re indecent exposure Section 38-3.2 re use of bow and arrow Ordinance to declare a portion of approximately ten (10) acres as EXCESS PROPERTY adjacent to 5517 Whirlaway Road (Carolanne Farms Subdivision), in the petition of John and Geraldine Cornett; and, authorizing the City Manager to dispose of same (KEMPSVILLE BOROUGH). Ordinance to authorize the City Manager to execute an Agreement between the City of Virginia Beach and the Commonwealth of Virginia, Department of Transportation (VDO'F), re administering both the Rosemont Road widening and Route 44/Rosemont Road Interchange modifications Westbound On-Ramp A projects. Ordinance to ACCEPT and APPROPRIATE an $18,000.00 Grant from the Virginia Department of Conservation and Recreation (DCR); and, TRANSFER $18,000.00 from the Outdoor Plan Initiative Reserve (CIP //4-960) re construction of a portion of the Pungo-Park Connector Trail. Ordinance to APPROPRIATE $10,000 from Account #3002-1-4-02-03 (Civil Charges for wetlands violations) to the Department of Agriculture re abatement of environmental damage to, or restoration of, Wetlands. Lease Agreement between the City of Virginia Beach and the Back Bay Wildfowl Guild re operation of a museum of wildfowl art at deWitt Cottage. CERTIFICATES OF PUBUC CONVENIENCE AND NECESSITY: EAST COAST LIMOUSINE LAND YACHTS MAS SERVICES TOM'S LIMO SERVICE 10. 11. Ordinance to authorize tax refunds in the amount of $1,952.50. Ordinance to authorize a special tax refund in the amount of $13.06. Ordinance to authorize license refunds in the amount of $74,319.76 H. RESOLUTIONS/ORDINANCES o Resolution to authorize the City Manager to execute a Loan Commitment Latter for $1,585,000.00 from the Virginia Revolving Loan Fund, and other necessary documents, re sanitary sewer projects at Grayson/Bonney Road (CIP 6-006) and Dozler'$ Bridge (ClP 6-008). Ordinance to TRANSFER $1,700,000 from Schools Renovations and Replacements (Project 1-058) to Ocean Lakes High School (Project 1-010) and Larkspur Middle School (Project 1-053) re purchases necessary to open those schools in the Fall of 1994. Ordinance to authorize the City Manager to submit a proposal for the acquisition of certain property now held by the Resolution Trust Corporation; negotiate for purchase of the land; and, TRANSFER $500,000.00 for expenses associated therewith re possible use for municipal purposes. Ordinances re West Neck Creek Golf Course (CIP #2-254) on Seaboard Road (PRINCESS ANNE BOROUGH): TRANSFER $130,000 from the Tourism Growth Investment Fund (TGIF) re purchase of an additional approximately eight (8) acres; and, authorize the City Manager proceed with acquisition of same upon completion of certain legal requirements Grant a thirty (30)-year lease with a ten (10)-year renewal option to BRASSIE GOLF CORPORATION ("Grantee") for the lease of approximately 185 acres of City-owned property, and/or properly the City may acquire, for construction, maintenance and operation of an eighteen (18)-hole Public Golf Facility plus related amenities. Ordinance to TRANSFER $15,000 from General Fund Reserve for Contingencies to Department of Economic Development re joint marketing efforts with Forward Hampton Roads. Ordinance re compensation for City Council Appointees. I. PUBUC HEARING 1. PLANNING Application of CARROLL L and DIANA D. PALMER for a Conditional Use Pern'lit for a home occuDation (small engine re~3air) on the South side of Pleasant Ridge Road, 1087.5 feet East of Dawley Road (1701 Pleasant Ridge Road), containing 4.057 acres (PUNGO BOROUGH). Recommendation: APPROVAL Application of ST. MATTHEWS CATHOUC CHURCH for a Conditional Use Permit for a ~ 120 feet more or less North of the intersection of Sandra Lane and Trestman Avenue (3314 Sandra Lane), containing 13.013 acres (KEMPSVILLE BOROUGH). Recommendation: APPROVAL RECONSIDERATION of Conditions placed on the May 12, 1992, approved application of CRW, INC. for a 'i ' for a borrow ~3it at 2765 Indian River Road (PRINCESS ANNE BOROUGH), re number of truck trips per day. Recommendation: APPROVAL Application of TIDEWATER REGIONAL GROUP HOME COMMISSION for a ~ for a ~ on the South side of Americus Avenue beginning at a point 350 feet more or less West of Birdneck Road, containing 30,657.52 square feet (LYNNHAVEN BOROUGH). Deferred: June 14, 1994 Recommendation: DENIAL Application of VIRGINIA BEACH CHURCH OF CHRIST for a _~ Permit for a church at the Southeast intersection of Great Neck Road and the Norfolk-Virginia Beach Expressway (2219 Commerce Parkway), containing 1200 square feet (LYNNHAVEN BOROUGH) Recommendation: DENIAL Applications of DOUGLAS B. MUNDEN at the Northeast intersection of Muddy Creek Road and Drum Point Road (PUNGO BOROUGH): (1) Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance (2) ~3~[oj3~~ for twenty_ ¢20) sinole-familv dwellipn, in the AG-1 and AG-2 Agricultural Districts (parcel containing 86.1 acres) Recommendation: DENY BOTH APPLICATIONS g. SOUTHERN RURAL AREA PLAN (Sponsored by Councilman John A. Baum) Ordinance to AMEND the Comprehensive Plan re rural residential development (yielding approximately 2500 additional dwelling units). (2) Ordinance to AMEND and REORDAIN Sections 401,402 and 405 of the Comprehensive Zoning Ordinance re agricultural districts. (3) Ordinance to AMEND and REORDAIN Section 4.1, Subsection (p) of the Subdivision Ordinance re cul-de-sac streets. Recommendation: APPROVE ALL AMENDMENTS h. CITY OF VIRGINIA BEACH: (1) Conditional Use Permit to modify and enlaroe a golf course, on the Southwest side of Seaboard Road, 3500 feet Northwest of Princess Anne Road, containing 338.7 acres (PRINCESS ANNE BOROUGH) Recommendation: APPROVAL (2) Ordinance to adopt the Oceanfront Resort Area Concept Plan. (3) Ordinance to adopt the Virginia Beach Outdoors Plan. Recommendation: APPROVE BOTH ORDINANCES J. APPOINTMENTS EROSION COMMISSION FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORICAL REVIEW BOARD SOCIAL SERVICES BOARD SPORTS AUTHORITY OF HAMPTON ROADS TIDEWATER COMMUNITY COLLEGE BOARD TiDEWATER-REGIONAL GROUP HOME COMMISSION TIDEWATER TRANSPORTATION DISTRICT COMMISSION VIRGINIA BEACH CRIME TASK FORCE VIRGINIA BEACH TOWING ADVISORY BOARD K. UNFINISHED BUSINESS L. NEW BUSINESS 1. CITY COUNCIL-SPONSORED ITEMS: Resolution to approve a pilot program to provide parking at Little Island Park at a reduced rate for vehicles displaying valid City Decals. (Sponsored by Councilman Paul J. Lanteigne) Ordinance to AMEND and REORDAIN Chapter 33 of the Code of the City of Virginia Beach, Virginia, by ADDING a new Article VIII re newsracks. (Sponsored by Councilman Paul J Lanteigne) Abstract of Votes cast in the Primary Election held on June 14, 1994, for the United States Senate and House of Representatives. M. ADJOURNMENT 6/23/94cmd AGENDA\6-28-94.PLN if you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) MINU'~ ES VIRGINIA BEACH CiTY COUNCIL Virginia Beach, Virginia June 28, 1994 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFINGS to the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City ttall Building, on Tuesday, June 28, 1994, at 3:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, 111, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D Sessoms, Jr. Council Members Absent: James W. Brazier..Ir Robert W. Clyburn Nancy K. Parker [ENTERED: EXECUTIVE SESSION] [ENIERED: ~2YECUTIVE SESSION! [REPRESENTING MAYOR OBERNDORF IN MOSCOW WITH SISTER CITY COMMISSION] Vice Mayor Sessoms, being a Corporate Officer of Central Fidelity Bank, disclosed other than the application of Tidewater Regional Group Home Commission for a conditional use permit on which he intends to abstain, there were no matters on the agenda in which he has a "personal interest", as' defined in the Act, either individually or in his capacity as an officer of Central Fidelity Bank~ The Vice Mayor regularly makes this Disclosure as he may or may not know of the Bank's interest in any application that may come before City Council. Vice Mayor Sessorns' letter of June 28. 1994, is' hereby made a part of the record. WILLIAM 0 SESSOMS JR VICE MAYOR 809 GREEN l RE~ ARCH WRGIN~A BEACH, VIRGINIA 23451 June 28, 1994 Mrs. Ruth Hodges Smith, CMC/AAE City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Conflict o~' Interests Act Dear Mrs. Smith: In accordance with my letter to you dated August 10, 1993, I have thoroughly reviewed the agenda for the June 28, 1994, meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict under the Virginia Conflict of Interests Act. Based on that review, please be advised that, to the best of my knowledge, with the exception of the application of Tidewater Regional Group Home Commission for a conditional use permit on which I intend to abstain, there are no matters on the agenda in which I have a "personal nterest, as defined in the Act, either individually i " or in my capacity as an officer of Central Fidelity Bank. Accordingly, I respectfully request that you record this letter in the official records of the Council. Thank you for your assistance anti cooperation in this matter. Ver} tn, ly ?uts, Vice Mayor WDS,Jr./clb -2- CITY MAN,4GER's BRIEFING PERSONAL PROPERTY CIL4NGEs IN BILLING SYSTEM 3:00 P.M~ ITEM # 38114 John T. AtMnson, City Treasurer, advised a locality shouM investigate the feasibility of creating "statement billing", not only for personal property tax, real estate tax, but for all municipal bills incurred by a family or entity. This wouM be a consolidated statement each month. Mr. At]dnson advised the only legally accepted option available now re personal property is' the twice-.a- year billing. ~The City Manager will advise City Cbuncil concerning impacts, of these suggestions,. June 28, 1994 -3- CITy MANAGER,s BRIEFING VIRGINIA BEACH OUTDooRs PLAN .1:15 P.M. ITEM tt 38115 Susan D. Walston, Director, Parks and Recreation, presented a synopsis of the VIRGINIA BEACH OUTDooRs PLAN with the utilization of a video shown in public presentations. The Iqrginla Beach Outdoors Plan is the first attempt by the City of I/irignia Beach to define in one document its philosophy regarding the planning, protection, design, development, financing, construction, management, and maintenance of its natural and recreational resources of an outdoor nature. The Plan is intended to provide an overall framework for these diverse and complex issues which often overlap and interrelate, creating diverse and complex coordination problems for the array of City staff, departments, private citizens, vendors and Users who are involved with the City's natural and recreational resources,. The Outdoors Plan creates a system which brings, together five (5) networks.: BIKEWAYS AND TRAILS: Develop key linkages to complete a recreation and transportation network. First priorities are: Landstown/Pungo Trail: beginning of the east/west greenway/trail ;°//tv~sn~erJ;;eindtge/~orlhh;mRpt~S~ °n r;oAul;;;r~ndreeOn~eaana,' and Shore g y/tratl corridor. GREENWAYS AND SCENIC WATERWAYS.. Develop a north/south and east/west greenways and scenic waterways network. Develop five canoe launch/access ix~ints during the proposed CII' cycle (through 2000); two access F~ints are planned wtth state and federal agencies. HERITAGE RESOURCES: Include natural, cultural and historic areas in the Overall Outdoors. Plan. Develop joint management program for natural areas with state and federal agencies. PARKS AND GOLF COURSEs: The Plan outlines the existing inventory and standards fi~r thc City -wide park network. This network includes 177 neighborhood park,', 7 district parks, 7 community parks, and 13 golf courses. This analysis indicates a major success for the City in development of active recrcatibnal amenities and recommends, the following: Development of existing City property including Works/Highways and Public Utilities Continue focu.~, on the high priority deJSZit area Joint partnerships with schools. West Neck Creek District Park development Owl Creek District Park derelopment Recreation improvement adjacent to t )ceana Public PUBLIC BEACH ACCESS.. Focas on expansion and imprOvements to Little Island Park. Proceed with planning and development of a beach/recreation facility in the Lesner Bridge/shore Drive area to include beach par]a'ng, restroom,; boat launch (Pleasure ttou~'e ('reek), trails, and handicapped accessible boat launch and swimming facilities. Mrs. Walston advised in 1988, City Council created a 7/10 cents tax increase to promote open space. Through this effort, new parks have been created, the deficit for park land has been eliminated in some areas of the City and Scenic waterway systems have been addressed In the fUture, this fUnding will be leveraged on an annual basis even fUrther through grants, public/private partnerships and other revenue enhancement strategies to utilize these fUmls to meet a much broader need within the City. June 28, 1994 CITY MANAGER'S BRIEFING VIRGINIA BEACH OUTDOORS PLAN ITEM # 38115 (Continued) Mrs. Walston advised since February, presentations have been made to a number of organizations. In addition to working continually with the Greenways/Bikeways and Trails Committee, the Parks and Recreation Commission and the Planning Commission, the Committee has worked with the Resort Area Advisory Commission, the Council of Civic Organizations, I/irginia Department of Conservation and Recreation, Back Bay National Wildlife Refuge and Seashore State Park. In Apri~ a Public Meeting on the Plan was conducted. The Outdoors Plan Committee wishes to compile the public comments, staff recommendations and combine into a Final Plan to be printed by the end of the year. The Outdoors Plan Steering Committee was composed of the fidlowing: Jan Ahrens-Bella Clay Bernick Ray Emerson Barry Frankenfield Kay Fudala Calvin Jackson Betty Jean Meyer Helen Spore Carol William3. Parks. and Recreation Department Planning Department Parks and Recreation Department Parks and Recreation Department Parks and Recreation Department Planning Department Management and Budget Department Public Information Office ltoasing and Neighborhood Preservation Department Robert Scott, Director of Planning, advised the most exciting aspect of the Plan was the implementation. Over $500,000 in grants has been received to assist itt building the Pungo Park Trail. A grant of approximately $400,000 has been received to assist with the Ocean Walk Plan. A $100,000 grant will be supplemented by other funds to assist in the restoration of the Cape Henry Lighthouse. Grants have been received in the amount of $30,000 to assist in building the Elizabeth River Canoe Trail System, and $36,000 to build the West Neck Creek District Park. An Ordinance is SCHEDULED for the Formal Session re acceptance of an $18,000 Grant to further implement the Pungo Park Trail. Mayor Oberndorf referenced receipt of a critical letter concerning the Plan, and requested a list of the citizens who participated in the discussions of this Plan. Perhaps citizens could ser~e with the Committee concerning the Plan and make recommendations. Additional Public ltearings should be scheduled. BY CONSENSUS, City Council agreed to DEFER INDEF1NITEL y an Ordinance to adopt the V~rginia Beach Outdoors Plan until completion of additional Public Hearings and citizen recommendations. June 28, 1994 -5- ITEM# ~8116 Mayor Meyera E. Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 28, 1994, at 4:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, Robert lC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Absent: James IV. Brazier. Jr., Robert W. Clyburn and Nancy tC Parker June 2& 1994 -6- ITEM # 38117 Mayor Meyers E. Oberndorf entertained a motion to permit City Council to conduct its EXECUTII2E SESSION, pursuant to Section 2.1-344, Code of Virginia, as amended, for the following purpose: PERSONNEl, M-tiTTERS; Discussion or consideration of or interviews of prospective candidates for employment, assignmen6 appointment, promotion, performance, demotion, salaries, disciplining, or resignation of specific public officers, appointees, or employees pursuant to Section 2.1-344 (A) (l). Performance Review: Council Appointees To- W~t: Appointments.. Boards and Commissions: Sports Authority of ttampton Roads Appointments: Assistant City Attorneys G~-~z!It~_~!~TE~: Consultation with legal counsel or briefings by staff members, consultants., or attorneys pertaining to actual or probable litigation, or other specific legal matters' requesting the provisions of legal advice by counsel pursuant to Section 2.1 ~ 344(A)(7). To-wit: Lake Gaston Briefing Whitley v. Whitehurst PUBLICLY-tIFJ.O PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which couM affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.1-344(A)(3). To - Wit: Acquisition of Property - Princess Anne Borough Acquisition of Property - Virginia Beach Borough PROSPECTIVE BUSINESS OR INDUSTRI~: Discussion concerning a prospective business or industry where no previous announcement has been made of the business' or industry's interest in locating in the community pursuant to Section 2.1-344 (A) (5). Upon motion by Vice Mayor Sessoms, seconded by C ' C' EXECUTIVE SESSION. ounctlman Jones, ty Counctl voted to proceed into Voting: 8-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, I11, Robert K Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: James W. Brazier, Jr., Robert W. Clyburn and Nancy K. Parker June 28, 1994 -7- FORMAL SESION VIRGINIA BEACH CITY COUNCIL June 28, 1994 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 28, 1994, at 6:00 P.M. Council Members Present: John A. Baum, Linwood O. Branch, III, James l~ Brazier, Jr.. Robert W. Clyburn, Robert lC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor W~lliam D. Sessoms, Jr. Council Members Absent: Nancy K. Parker [REPRESENTING MAYOR OBERNDORF IN MOSCOW WITH SISTER C17¥ COMMISSION] INVOCATION: Chaplain Wdliam B. Dodd - Retired Pastor Church of the Nazarene PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA June 28, 1994 Bern III-E, CERTIFICATION OF EXECUTIVE SESSION ITEM tt .18118 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baum, City Council CERTIFIED THE EXECUTIVE SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; Only such public business matters as were identified in the motion convening the Executive Session were heard, discussed or considered by Virginia Beach City Council. Voting: 9 - 0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James ~E Brazier, Jr., Robert K~ Dean, Louia R. Jones, Paul J. Lanteigne. John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms. Jr. Council Members Voting Nay: None ouncd Members Abstaining: Robert W. Clyburn Council Members Absent: Nancy K. Parker June 28, 1994 CERTIFICATION OF EXECUTIVE SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into EXECUTIVE SESSION, pursuant to the affirmative vote recorded in ITEM # 38117, Page No. 6, and in accordance with the provisions of Thc Virginia Freedom of Information Act; and, WHEREAS: Section 2.1-344. of the Codc of Virginia requires a certification by thc governing body that such Executive Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOLVED: That thc Virginia Beach City Council hereby certifies that, to thc best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Executive Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Executive Session were heard, discussed or considered by Virginia Beach City Council. Ruth Hodges ~mith, CMC/AA£ City Clerk June 28, 1994 -9 - Item III-F. 1. MINUTES ITEM # 38119 Upon motion by V~ce Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSIONS of June 14, 1994, as AMENDED: Councilman Moss advised the following AMENDMENT to Item # 38073 Ordinance to AMEND and REORDAIN Chapter 2, Article Ill, Divisions 1 and 2 of the Code of the City of Virginia Beach, Virginia, by AMENDING Section 2-84 re annual leave; and, AMENDING Sections 2-101, 2-102, 2-103, 2- 104, 2-105, 2-106, 2-107, 2-108, 2-109, 2-110, 2-111, 2-112 and 2-116; and, ADDING Sections 2-117, 2-117.1 and 2-117.2 re administration of the basic pay plan: On Line 433 a period 6) shall be at the end of the word "classification ". The following verbiage appearing after the word "classification" shall be DELETED: "...the salar~ will be "red-cirqled"_ in~q¢cordance with crv policy..." Section (b), page 13, shall read as follows: (b) Whenever any employment tx~sition with the city is reclassified to a different class having a lower pay range, all employees in the reclassified position at the time of reclassification shall continue to be compensated at the salary received at that time provided, however, that if such salary is greater than the maximum salary of the range of the new classification The amendments are to be italicized and identified clearly. Voting: 10-0 Council Members Voting Aye. John A. Baum, Linwood O. Branch, III, James l,E Brazier, Jr., Robert V~ Clyburn, Robert I;2 Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker June 28, 1994 - i0 - Item III-F.3. MAYOR'S PRESENTATIONS ITEM # $8120 Mayor Oberndorf recognized the following Boy Scouts in attendance to earn their merit badges for citizenship. TROOP 496 GREEN RUN HOMEOWNERS' ASSOCIATION Alex Young Brian Furie Joseph Liberatore Tony Liberatore Matthew Somerindyke Matthew Woods Travis Carew Bill Morrisey TROOP 985 HOLY SPIRIT CATHOLIC CHURCH Kevin Laskowski Brian Laskowski TROOP 443 David Gray Brett Burgess Alex Nieprasdik June 28, 1994 - 11 - Item III-G. CONSENT AGENDA ITEM # 38121 Upon motion by l, qce Mayor Sessoms, seconded by Councilman Clyburn, City Council APPROVED in ONE MOTION items 1, 2, 4, 5, 6. 7. 8. 9, 10 and 11 of the CONSENT AGENDA. Item 3 was pulled for a separate vote. Vott'ng: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James V~ Brazier, Jr., Robert W.. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and V~ce Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K Parker June 28, 1994 - 12 - Item III-G.i. CONSENT AGENDA ITEM # 38122 Upon moO'on by Vice Mayor Sessotm., seconded by Councilman Clyburn, City Council ADOPTED: Resolution to endorse a uniform motor vehicle license decal renewal date of February Fifteenth for all Hampton Roads jurisdictions'. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K~ Parker June 28, 1994 - 13 - lt_tem III-G, 2~ CONSENT AGENDA ITEM # 38123 Upon motion by l. qce Mayor Sessom& seconded by Councilman Clyburn, City Council .J~OPTED: Ordinances to.4MEND and REORDAIN the Code of the City of Virginia Beach, Virginia. a. Sections 4-85, 4-87.1, 4-92, 4-92.2, 4-93 and 4-94 re bingo games and raffles b. Sections 5-73 and 5-87 re animals c. Section 22-11 re indecent exposure d. Section 38-3.2 re use of bow and arrow Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, II1, James l~. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parlcer June 28, 1994 Requested by Mayor Meyera Oberndorf 1 2 3 4 A RESOLUTION TO ENDORSE THE ADOPTION OF A UNIFORM MOTOR VEHICLE LICENSE DECAL RENEWAL DATE OF FEBRUARY 15TH FOR ALL HAMPTON ROADS JURISDICTIONS 5 6 7 WHEREAS, the Commissioners of the Revenue and Treasurers in the Hampton Roads area have expressed the desire to foster regional uniformity and cooperation in the administration of local licenses and taxes; WHEREAS, the Hampton Roads area of Virginia is generally considered to be comprised of the cities of Chesapeake, Norfolk, Virginia Beach, Portsmouth, Suffolk, Hampton, Newport News, Poquoson, Williamsburg, and Franklin, and the Counties of Isle of Wight, York, James City, Gloucester, Southampton, and Mathews; WHEREAS, there are currently seven different motor vehicle license decal renewal due dates for these sixteen localities; WHEREAS, the motor vehicle license decal is a significant revenue source for these sixteen localities, in that over $22 million dollars was generated from the collective sale of over one million decals in 1993, of which $5.8 million dollars was collected in the City of Virginia Beach; WHEREAS, it is difficult for citizens moving from one Hampton Roads locality to another to be aware of the various motor vehicle decal renewal dates; WHEREAS, the display of the current year's decal attests that personal property taxes on motor vehicles have been paid; WHEREAS, adoption by the sixteen localities of the same renewal date would facilitate local police departments in taking a more active approach to monitoring legal compliance, which in turn would aid in personal property tax collection efforts; WHEREAS, personal property taxes on motor vehicles amounted collectively to over $100 million dollars for the sixteen localities in fiscal year 1992-1993, including $16 million dollars collected in the City of Virginia Beach; WHEREAS, by adopting a uniform date, the sixteen localities can demonstrate regional cooperation that will prove to be helpful not only to the general public but to the fiscal well being of each community; and WHEREAS, the City of Virginia Beach, as well as several neighboring jurisdictions, presently require local licenses to be renewed on February 15, which is the uniform renewal date recommended by the Commissioners of the Revenue and Treasurers; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Council hereby endorses the adoption of February 15th as a uniform motor vehicle license decal renewal due date for all of the aforementioned sixteen Hampton Roads area localities, commencing in 1995, and encourages the adoption, where appropriate, of the necessary amendments to local ordinances by the respective City Councils and County Boards of Supervisors. Adopted by the Council of the City of Virginia Beach, Virginia, on the 25 day of 3une ~994. CA-5631 ORDIN\NONCODE\DECAL. RES R-3 PREPARED: 06/23/94 2 1 2 3 4 5 6 ............ ' t ~AL AN ORDINANCE TO AMEND AND REORDAiN//~/~i~- s C ONS 4- 5, 4-93, AND 4-94 OF THE CODE OF THE CI~ CITY OF VIRGINIA BEACH, %'~RGINIA, PERTAINING TO BINGO ,;AMES AND ~FFLES 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 3O 31 32 33 34 BE IT ORDAINED BY THE CITY BEACH, VIRGINIA: COUNCIl OF THE CITY OF VIRGINIA That Sections 4-85, 4-87.1, 4-92, .-92.2, 4-93, and 4-94 of the Code of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as ~ol[ow : Section 4-85. Application of article. (a) The provisions of this article shall apply to bingo games and raffles conducted through 18.2-340.12 (b) Definitions in the city ~ursuant to sections 18.2-340.1 the Code of Virgi;~ia. As used in this a]ticle the following words shall have the following meanings: (1) Organization means any on~ of the following: a. A voluntary fire depa~-tment or rescue squad or auxi Liary unit th~ ~eof which has been recognized by an ordinance or resolution of a poi [tical subdi~ ision where the voluntary fire depa~-tment or rescue ~quad is located as being a pa[t of the safety p~ogram of such political subdivisien. b. An c0rganization oper-ated exclusively for reLigious, charitable, community or educational purposes, an association of war veterans or auxiliary units o~ such veterans organ[zed in the Unite,~ States, or a fraternal association operating ~nJer the lodge system. (2) Bingo means a specific gan/~ Df chance played with individual cards hav~ng ranclomly numbered squares ranginct from one (1) to seventy-five (75), in which 35 36 37 38 39 40 4]. 42 43 44 45 46 47 48 49 50 51 52 5:3 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 (3) (4) prizes awe awarded on the basis of designated numbe~ (~n such cards conforming to a predetermined pattern ,~f numbers ~;elect~,d at random. Such ca~ds shall have five respectively by the row hav]n9 five (5) (5) %ertica] rows headed letters B.I.N.G.O., with each randomly numbered squares. Raffle means a lottery in ~h]ch the prize is won by a random drawing of the name or prearranged number of one (~r more persons purchasing chances or a random contest in which the winning name or preassigned number o[ 9ne or more persons purcb~nq chances is determined by a race involving inanimate objects floating on a body of water~ commonly re ferre~ ~o as a "duck race." However nothing in this ~uticle shall prohibit an organ ~z~tion from usi~g the State Lottery Department' s Pick- 3 n~]~be~ as the basis for deter-mi]lng tile winner (~I~ a lottery. For purposes o~ ti~}~ definit i Dh, "fa[fie" shall include determinLng the winner Df a lottery by use of prepa~kaged pull-tab dev~e,~ which are devices made comp] ete Ly of paper o~ paper products with concealed numbers cr symko]s that must be exposed by the player to d~termi]~e wins or losses and may include the use of a sea: which conceals a number or symbol that has been designated in advance as prize wi~nner including but not limited to pull-tab devices commonly known as tip boards or seal cards. Instau~t bingo means a ~pecif ic game of chance played by the random s~,lection of one or more individual~ prepacked cards, with winners being determined bi/ _the prepr inted appearance of the letter-s ~.I.N.G.O. in an', ?~escribed order on the reveille side of such cau . 69 70 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 .00 01 02 O3 (5) Spec. il bingo means a bingo session conducted pursuant to a separate pecmit authorizing bingo games more frequently tha~, two 12) calendar days in any one ~1) calenda- week (6) Jackpot means a bingo card played as a part of a (7) (8) (9) (lO) (11) (12) (13) bingo game in which ali numbers on the card are covered, each number being selected at random, and with no more than one ~33 free or "wild" numbers numbe~. Winner-take-all means any bingo game in which all the gross receipts from p£a'fers for that game are paid as prize money back to the players. Sessio~ means a time per~od during which one (1) or more bingo games are conducted, such time period corresponding precisely t~ the time period specified by the organization's reported beginn.ng and ending times. Gross ~-eceipts means the total amount of all money received from bingo games, instant Dingo or raffle operat ]or~s before ti~e deduct ion o[ any expenses whatsoeve:-. Expenses means documented <~xpenditures usually and custom~tu~ ~y associat~d w]t~ the conducting of bingo games <~ raffles i~clud~ng but not limited to supplies equipment, rental fees, permit fees, prizes !~nd audit fee~. Games manager er operator is a member responsible for a] workers and fo[ the conduct of each session including all record keeping requirements. Cashier is a member responsible for controlling and settling game gross receipts a~]d game operating costs fo~ a session. Caller ~s a member ~espon~ible for calling bingo numbers and verifyin{i the a,l back of a player's bingo ~ ~, floor worker. 3 104 105 106 107 108 109 110 111 112 113 114 115 116 117 118 119 120 121 122 123 124 125 126 127 128 129 130 131 [32 [33 ~(lS). (14) SpecLa~ custodiar~ is t member responsible for controlling and settling special packages sold at the time of admiss, ion and floor sales (specials) during sessions. (15) Floo~ ~orkers are members responsible for floor sales (specials) arid bingo verification. (16) Paymaster- is a member responsible for awarding bingo prizes. (17) Bingo h~lls or bingo h.ti] operations means any location, building, premises, or any place where bingo sessions or rafflers; are held, conducted or take Llace excluding property owned by an organization. Duc]~ ~e~c~ mcanz ~e-~mf~ c~a~aeo played by ~-e%ea~umbered~-~na~ma~e t~ ~ucks) into ~ ~ody-~ ~ov~ wat~. A-~ ~o has bccn ~zig~ ~no ~ ~ ~rst~k to cross ~edee~mined pe~ ~ ~--wa~ (the fini~ ~ne) ~ ~ne ~ner~-~~ ~y be awarded ~-'~~ - Any ~ e~ ~etrietions and Tcqu~~lice~-~o {~e-~on~et of faf f los in ~s ~eiole she,LL, e~ a~ -~+~onduct ~ Landlord means an~t_person or his __aqent, f~rm association__ o~rqani~z~ti~¢~n~_ partners_hip, ~corporat~¢)~ or em~e_ th~reot~ wh~ic~h owns and leases a~lE premise devoted in whole or ~art the conduct of binqo qame~s, aod~anf~/~gr~son residinq in the same household as th~ ~andl~o~-~= Section 4-87.1. Membership; eligibility for permit. Prior to the issuance, o~ any per-m[t, ~ '~r'ganization must meet the following requirements: (1) ~ .... Any o~qanization which ~ · pp~es for an original permit af%~[ Jul~v~ 1= 1994 shall h~ve been in existence 139 140 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 (2) as such permit. and met on ~ regular basis in the City of Virginia Beach or in a city ndjacent to ~he City ef Virginia Beach, for a period of at least two ~2~ fiv_e [Sj years immediately prior to nak ~ng application ~o~~ such permit. Such organization shall maintain for the current year and at least three (3) preceding ~ears ~ecords (minutes, attendance, etc.) cf all meetings and, in addition for the same pe~iod shall maintain ,,~uch records pertinent to the maintennnce of its b ngo a~d raffle permits, which records sha~] be made avai~ab[~ te the officials of the city upon ~equest. The city ~ ...... ~ shall ..... e the ~ ....... ont e~ ~ (3) y~rs' ~ords ~or ~,.~n~ Such Any organization whig_h_ applies ~or an oriqinal permit after July ~ 1994 ~hal ] :~e operated currently and shall have p~eviously been operated exclusively as a nonprofit or'ganization ant sha] ~ have been in existence nonpr3~it organization fe~~ a period of at least ~ive (QI years immed[ ~tely prior to seeking a (3) A permit may te issued to an organization which relocates its meeting ?~ace on a permanent basis from another jurisdiction an Virginia to th~s o~ty, provided that such organization '.,,,as the holder o~ a valid bingo and/or raffle permit at the time of such relocation, maintains all records pertinent I o ho ~ dn ng a permit and is currently otherwise eligible t ~ ~e issued a permit in accordance ,,,ith this chapter. An organization which has obtained a ~ernit under this ar~2¢]e to conduct a rafile may sell trinkets both in and out of this city, and may conduct ifs drawing eit~ler i ~ this city or in the jurisdictio/ .~here the ma iorit} of tickets were sold. (4) Any auxiliary or similarly named organization having a direct rela* [onship with a sponsor ins organization shall obtain a per,it prior to ~'cndu~ing bingo sessions. An 5 174 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 205 206 207 2O8 (5) (6) auxiliary shall1 demonstrate to the satisfaction of the city manager a history of i[~volvement in charitable activities, ~ther than sponsor-lng bingo sessions and lotteries, .~s a conditior precedent to being granted an original ~ ~enewal permit. !Io more than one auxiliary o~ any spon~or ~ ng ¢ rganization shall be eligible for~ ~ssuance of a peri,it ~ No less than ~ifty (50)__percent of the membership of the orqanization shall be resident~ o~£ _Virginia. As part of the applicat ~on process and p~3ior to being granted a bingo or ~af! ~e permit a~ org~nization shall provide a complete [~sl of its officers nnd members, identifyinq those member~ designated by th~~ ~rganization to manage, conduct o~ assist in an~ capa~il¥ in the operation of bingo games .~r raffles [~ lo,marion sufficient to establish the bona fides D~ membership and residency may be required k~ the city manage~. The chief of police or his designee shall condu~t a ~ r~minal records check of all officer-s ~s well as the ~ame manager or operator, cashier and ~aymaster. Membe~ a~ded a~ter the issuance of a permit shall not ~e per~ted to serve as games manager, cashier, caller, spe¢'i ~[ ~ custodian or paymaster until the ~)es.~it is renewed ¢~ a~nended. No bingo ~ raffle pe ~mit ~h,~ l 1 be issued to any organizati~n sherein (a) any ~f~Jcer or (b) any person designated as bingo game mana<~e] or operator, cashier, caller, specials custodi~n, fl~,~}r ~,orker or paymaster has been convis;ted of a felony or ~'rime of moral turpitude. Further, n;~ oerson shall partl~ipate in the management, operation ~r conduct o~ an5 bingo or raffle if that person, within the past I ire (;) years, has participated in the management, operat ion o~ u'onduct of any bingo game or raffle wh~;h was found by ~!t ocal permitting authority or by a c~urt of competent 'drisdiction to have been operated ~ ~'[olation o~ stat6 lam, or local ordinance. 209 210 211 212 213 214 215 216 217 218 219 220 221 222 223 224 225 226 227 228 229 230 231 232 233 ~34 ~35 ~36 !37 39 4O 41 42 43 44 Section 4-92. Records to be maintained and reports to be filed by organizations conducting bingo games and raffles. (a) Each organization shall maJnt ~r~ a record in writing of the dates on which Lingo is pl~,yed, ~-he number of people in attendance on each date and the amo]~t o7 the receipts and expenses for the day and prizes paid on each su~h day. Fhe organization shall also maintain a record of the ~ame and address of each individual to whom il ~oor prize, requ] ~r or special bingo game prize, raffle or jackpot from the play~g of bingo or raffle is awarded, as well as ~h~ amount o~ such conducting bingo games record of all receipt~ and disbursements, award. The organization ~i~o maintain an itemized ~neluding operating costs and use of proceeds incurred in suci~ game,; .)r raffles, utilizing a uniform accounting ~ ysEem and report [ormat provided by the director of finance. Said records shall be f~]rnished to the director of finance D~ his designee upon ~equest. (b) Each organization shall maint ~in a separate checking account into which shall be placed all ~ece[pts ~rom bingo games and raffles. Monies from other s~urces snail not be placed or deposited into such account; neither sba] i ~]:~nies from said account be transferred into thy fund or a ~'count containing monies from other sources. Binge/raffle proc~eds ~ay be maintained in an interest-bearing fund ¢~ account, howew>r, such funds shall be transferred to the checking acc~)unt ~/r!or to disbursement. Withdrawals from said checking ac~'ount ~}[iall be made only by utilizing printed, seq~entia[ly numbered c}]e{'ks. All disbursements from such accounts sho~]] be supported ~y -r~tten documentation as set forth in subsect !o}~ (a) above. ~_~nd_s d~nated for th~ _reliqious, charitable~ communit~ or educational purposes for which the orqanization is _spec_i~'icall~ charteue..d !n_ay be transferred on a monthly basis to th_e ~3eneyal~fund,~,rovided that the or~qanization_ is tax exempt under section 501 c~qj~3~ o_~ the United States Internal Revenue Code. An org~r~zation conductJn<l ]o more than one (1) raffle per fiscal year %,~th net gam~ rece pts not exceeding five thousand dollars ($5,((i~) (~0) shall b~ exem~t ~ ~-om the requirements of this paragraph. 7 245 246 247 248 249 250 251 252 253 254 255 256 257 258 259 260 261 262 263 264 265 266 267 268 269 270 271 272 273 274 275 276 277 278 279 (c) A sponsor] ag organizati~)n sh~l ] be responsible for maintaining records which support the pur,'hase and sale of regular bingo cards (handcard~; ~nd papercarJs) ~ ~ instant bingo cards. (d) Ail invoices related to '~he put'chase of bingo supplies shall be kept in date ~i~(]er for three (]i ?ears following the close of the fiscal year to which the records ~'~>ply. (e) Ail purchases ~f bingo su[~plie~ in exces.% of ten dollars ($10.00) shall be paid lor by checl<; cas~ ~eceipts for all other purchases of supplie~' shall be retrained. (f) The recordkeeping system shall pre, vide c~ way to account for tickets used to c'ontrol regula~ bing~ handcard sales, regular bingo papercards purchased and sold, and instant bingo cards purchased and sold, anti prizes awarded o~ ~;ession dates. (g) Ail prizes; o~ more than one hundred dollars ($100.00) shall be paid by checks drawn on th~ organhzation's bingo checking account. Said checks shall be bank ~heck.~ p~-inted and sequentially numbered. The organization's checking records shall reflect the name and social se~u~ity account: numt~er of each such prize recipient. Ail other prizes shall l,e Fec~ i~.ted for by the winners, recording each reci[~ ent' s printed ~.:~ ~e, address and social security number. An~ ~-ize winner or r~ :[[~[ent who shall provide a false name, addres:~ or social sec~rit¥ ~un'ber when receipting for payment shall be gui '~t'/ of a Class ] mis]emeanor. (h) On an annual basis, and n~ late ~han December 31 of each calendar year, all m{~n[es, in exce~s ot i if teen ([5) percentum of the total net receipts (gross receipts ~,]]t~s game expenses) from bingo or raffles col~ducted during the past fiscal year, shall be donated to and/or expended upon ~zharitable activities/projects. The commissioner of E~e revenue o~ h:is rep~-esentatJ, ve may approve the carryover and a{ cumulation of fund~ ~esignated for specific charitable projects. 9uch accumulation ~sh-~l] not normally exceed a period of two ~2) additional lists] years: however, the commissioner of the ~evenue may ap~r~ve a longer period in exceptional circumstanc~s. A fiscal year ~al[ be the twelve-month (12) period from 0ct<~be~' 1 through Se[~te~t~.r ~0. Complete records 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 3O5 306 307 3O8 309 310 311 312 313 of such expenditures shall be maintained at all times by organizations holding permits to conduct bingo or failles. (i) Should an o~ganization cease ~or any reason to be licensed to conduct lingo games o~ raf~ les, aL1 accumulated net receipts (gross rece~pt~ minus game expenses) shall be expended for appropriate charitab[~ activities or pre i~c~-~s not nore than ninety (90) days after termination of the licen e, and a final report of all receipts and disbursements as set forth [n section 18.2-340.6 of the Code of Virginia shall be filed with the director of finance not more than one hundred twenty (1~0) da~s ~fter said termination. (j) Ail required records sha~l ee maintained with the permanent records o~ tqm, organization [ ~' a minimum of three (3) years after the close o~ a fiscal year to w[~ich they apply. If any required records ar~. lost, stolen, or otherwise misplaced or destroyed, the organization slnall nltify ~he director of finance in writing within two '2 days of d kscove}-[ng the missing records giving the date of loss, a detai ed desc~[pt[on oi the records missing, and the cir~emstances sur:-ound[ng the missing records. Section 4-92.2. Instant Bingo. Any organization qualLfied possessing a valid current permit bingo as a part o~ such bingo conditions: to con~tuct bingo games and ~s authe~ ~ zed to conduct instant game, '.ubject to the following (~) (2) (3) Instant b~ngo may be conducted enly at such location and at such t£mes as are spe.sLf[e~: in the bingo application permit ~oi; regular bingc game~ . The gross ~-eceipts in th{ couu~.e Df a reporting year from instant binge shall not exceed l ifty (50) percentum of the gross receipts of ~n orqah'~zation's entire bingo gross receipts. Any organization conducting in'trent bingo shall maintain a record ol the date, qu~ntit} and card value of instant bingo sup!z,] i es purchased as w~~ll as the name and address of the supp] ~er of such instal t bingo supplies. 9 314 315 316 317 318 319 320 321 322 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340 341 342 343 344 345 346 347 348 (4) NO organization shall sell an ~nstant bingo card to any individual under s4×teer~ (]6~ e±~Lhteen ~1~ years of age. It shall b£, the respons~bi[it >, : f the organization to verify the, age of player:~. (5) Organizatiom~ shall maintain separate accounting records for instant r,[ngo games, i;u 'n ~ecords shall specify total rece~pt~ from inst,mt k i ~gc and shall be separate from tota~ gross receipls £©~ bingo games and raffles during bot~% ~equired quarterlf ,~n,t/or calendar reporting periods. (6) Such instant bingo records shall be made available upon request to the commissioner o~ the revenue. Section 4-93. Prohibited practices. In addition to those other practices prohibited by this article, the followinq aots or practices shall also be prohibited: (a) No part less than five (5l_pe~l~ent of the gross receipts derived by an organization permitted 5 ~onduct bingo games or raffles may shall be (~s~ed for a4ey pur~es~- ether tha4q (i) those lawful religious, cha~iz ~ble, commu~ity o~ eJucational purposes for which the organizatior ~: specifically ch~lrtered or organized, (ii) ~ ......... bona fiege ©pora~ng e~onse~ and ~.L4~ /ii) expenses relating to the acquisit [on, const~uctior , maintenance, or repair of any interest in the real propert~ £nv3 ~'irg the operation of ~he organization and used ex,'lusi~ely fcr law[~l r~eligious, charitable, community or educational purposes. All r_emaininq .qross receipts shall be used for ~r'iz~e~ anQ_bon~a lide opejDtin[t~expenses. Bingo or raffle revenues m~b not be expended for food, beverages or entertainment for game partJcipants or; l(~u adult members of a sponsoring organization-. (b) Except for persons employed a~ :lerica! assistants by organizations compose, t el or for deaf or blind persons, employees ~n~or~, a,,~ members of eiv~e and--fraternal ~, only bona fide membe~-~ of any su~h orq~nization who have been members of such organization for at leas~ ~]i~ety (90) days prior to such participation sh,~l[ participate in the management, operation 10 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373 374 375 376 377 378 379 380 381 382 383 or conduct of any bingo game or raffle. Notwithstandinq the foreqoing, employees of a corporate-- sponsor of a qualified organization may_p~art~icipate in _t.h_e ~'~a~r!a~_em_qDt, operation or conduct of one rafilq ~er _year. Exoej? ~s prcvided herein, no person shall receive ~]y remuneration ~or paFtioipating in the management, operatio[] or conduct o~ a~y such game or raffle. Persons employed by or'ganizations oomposeJ of or ~or deaf or blind persons may receive remuneration not ~ ~ exceed thirty dollars ($30.00) per event fo~ p?ovid!ng cl{.ricai ,~s~}istance in the conduct of bingo games or raf~ ~es only fo~ st~cl] o~'ganizations. Persons eighteen (18) years ~)£ age and under wh > se]] raffle tickets to raise funds for youth ,tctivities in which they participate may receive nonmonetary [ncentive ~wa rd_~ or pr Lzes from the organization provided ~at organization [-~ nonprofit. The spouse of any such bona [ide member or £ire fLghter or rescue squad member employed by a po~ itica] subdivis~io}~ with which the volunteer fire fighter or rescale ~quad membe} is a~s(~ciated may participate in the operation and conduct of a Dingo game or r-af~le if a bona fide member is present. (c) No member ~}~ an organization sh,,i[] be permitted to manage or work any bingo ga~,e or uaf~ le [~r more ~han three (3) organizations at any time; however f]oo~ %'orkers shall be exempt from this exclusion. (d) No organizat,on shall permit ~, person not a member to enter into a contrac~ .-~ Lth, or otherwJs~ employ for compensation any person, firm, ~ssociation, )rgan ~ ~at ion, partnership, or corporation or otherwise for the purpose ~ [ organizing, managing or conducting bingo game~ ~ r raffles. (e) No organization conducting bingo games or raffles in any location owned, leased organization, shall, for bingo or raffle rece]pt~: or otherwis,~ controlled by that the use of suc~ facilities, expend from more than the .~.:tt]a] cost of utilities, maintenance and suppott ~:ervices int ident to the conducting of such games. For purpose~ o~; this article, auxi] [aries and subsidiary organizations are con:~idered part of the pa~-ent o~-ganization. 11 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 40O 401 402 403 404 4O5 406 407 4O8 409 410 311 ~12 ~13 114 [15 ,16 17 18 (f) Permission t,,; conduct bingo games between 12:00 midnight and 6:00 a.m. may be defiled or rew}ked bI, the city manager upon his determination that the conduct of ,Oingo :~essions during such hours at the specified lo~atiom is incompat[~ le with public safety and welfare or constitutes a nuisance. (g) No organization may hold bLngo ~ames more frequently than two (2) calendar days [n any one (1,~ (:~[~endar week, i.e. Monday through Sunday, except under a sp,~cia} permit issued pursuant: to section 18.2-340.4 ~! the Code of Virgit~[a and the provisions of this article. (h) No location shall be utilized ~[~, ,.'hole or in part for the purpose of conducting bingo games more f?equent ly than two (2) calendar days in ~n'/ one (1) caien ~au week for a single organization; however, the provisions o~ this section shall not apply to the playing )f bingo purst~ant t ~ a special permit issued in accordance with (i) No organi z,~t ~on shall enter into any contract or otherwise employ or ~:ompensate any :nemb{~ o~ that organization flor the sale of bingo suppl i es or equi~,ment. (j) The sale o} lift of instant binqo supplies which have been tampered with i~ any way, includ:ing s;eals broken on packets, shall constitute a Class 1 misdemeano:-, immediately prior to or during a session, seal:; shall[ be broken .~}td instant bingo cards shall be thoroughl } ~'~ixed and :shu~ ~ le~l to insure random distribution to players. (k) Nor person under tke age of eighteen (18) years shall participate in any ca~ac~ty in the .~perat on of any bingo game or raffle, except as flo¢~r workers. (1) No individua~ tinder the ade ot ;Lxteen (16) years shall be permitted to play himgo during design~ted binge sessions, nor shall any individuaJ under the aqe of s~xteen (16) years Oe permitted on the pren~ses when bing:~ is , :~nducted or while bingo sessions are in process, or any ra~ ie being held, unless accompanied by a parent or- legal guar~a~, or unless on the premises solely fo~ the purpos~ oi operating refreshment 12 419 420 421 422 423 424 425 426 427 428 429 430 431 432 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 452 453 concessions. City o[[~cials shall have the verify identification. (m) The destruction of any unso d right to check age and regular, special, or instant bingo materials shall be personal ,y ~ [tnessed and certified in writing by at least two [2) offiuers et the organization, other than the treasurer o~ games manag~ r. [tie record of destruction shall specifically [dent [fy each i~ em de~troyed. (n) No bingo q~m~ or raffle shall be conducted unless all advertising circulars, s igns, poste~*s, bi ~ boaEds or notices of any other kind which advertise a bingo <lame o~ r~fEe includes the name and address of the sponsoring orqanizab [em and the purpose or activity to which th( proceeds derived ~ro~T~ the operation of the game or raffle are tc be applied. (o) No prize sh.~[ [ be awarde~l ~o the ..~inner of a bingo game or raffle other than as advertised by tho crganization. (p) The sponsoring organizat] ~n sba. ] accept only cash ~ at its option, checks ~, payment of any ch ~rges or assessments for players to participate in bingo game~.. However! no_organization shall accept postdated cheoks ir; ~a~ment of-- an~ charqes or assessments for p]~E~ to part]c~qt_e~ in bing~_ qames. No organization or andy person o~!~the premises shall extend lines of credit or accept any oredit or debit card or other electronic fund transfers in payment o~ an~ charges 9_r a.~sess_ments .fo_r players to participate in bingo, (q) Pull-tab devices as defined only upon the premises owned o~ organization to which a r-affle permit as such premises are hot members and their guest~. in section 4-85 may be sold ex~lusively leased by an is issued, and at such time op~=ned o~%n t , the public, except to Section 4-94. Operation of bingo halls. (a) Rental permits ou lease~ foz bingo halls shall be in writing and shall be hi compliance with both state statutes and this article and shall be avail ~ble !o~- inspection by city officials upon request. Copies of said ~ental permits or leases shall be available en the premises whe} ~3~ngo sessions are in 13 454 455 456 457 458 459 460 461 462 463 464 465 466 467 468 469 470 471 472 473 474 475 476 477 478 479 48O 481 482 483 484 485 486 487 488 progress and shall be available at the principal office locations of the organization. A copy of s~ch p~?mits or [eases shall be forwarded by the organlzat]on to the ~'it ~anager~ not later than ten (10) days after t~e commencemen-_ o£ t! ~ term o~ the lease. Ail bingo halls not the p~ope~-ty of the o~qan ~'~ti©n shall be used only pursuant to a written permit or le~se. (b) On an annual basis, and no late~ than ~une 30 of each calendar year, all operators and owne~/lessors of bingo halls shall file with the '~ty manager ~he naae~ and addresses of the owners of said bingo hal is. If such own~.r~ be other than natural persons, all indiv ~dua]s having an ozne~ship ~nd,/or security interest in such entit[es~ includinq oper~ters and directors, shall be listed. Any change~ to the filed lis1 ~r. qs must be reported to the city manager w]thir thirty (30) days ~ter the change occurs. (c) Complete and ~ccurate rec)rds ~:I ./~1 binqo hall receipts shall be maintained by operators ~ b[i ge. ha[is at a specified location and shall be made available for inspection by the business license auditor and or/other designated ~ ~t~ officials. (d) No person, ~ i~n~ associat ~on, o~g~nization~ partnership, or corporation shall pay or recei ~e fo~ ~ental of any location devoted, in whole or [~/ part, to ~he ~nduct of bingo games or raffles any consider,~t ~c~n in exce~s o~ ~he ourrent fair market rental value of such p~-~perty. Fo? purposes of this section, no fair market rental ~a~ue eonsid~ratlc , shall be based upon operation of bingo games or raffles nor sh~li such consideration be based upon or determined by any relerenc~ tc the number of people in attendance at such bingo games or' ~-affles. Each day in violation of this sectzon shall const~tt~t,., a separate offense. Evidence of fair market ~ental value may be based upon the (1) most current real estate ,~ssessment re{~ords, (-~) most current state ratio assessment data ~nd (3) mos~ recent cost of living (COL) index data. Current ~-ea] estate assessment data may be subject to a reasonable percentage increase as [~ ~]~ated by state ratio assessment and cost o~ l~v[ng index ~ta. ~'~th specific reference to fair market rent.~l value it ~ha[ i ~)~ assumed that such 14 489 490 491 492 493 494 495 496 497 498 499 500 501 5O2 503 504 505 determination is based upon a property's use for a month in a regular business settinq. In no instan~ . :~/~all fair market rental value be computed ox d~arged on a:~ ho~]rl~ basis. Rental may be computed or charged on ~ per-game kasis, dividing the monthly fair market value of the p~operty by the average ~aumbe~~ of games held on the premises each ~]ont~]~ (e) No lea~e ~ ~enta~a~ent ~ a~ingo hall or ~ ~ ..... ed, -i~ ~ole~ i~ ~ t~ ~e conduct of bing~ gamcs or raffles, ~L~: ~ire e~e~e~ to ....... b~..~z raffle suppL~ ~ equ~e~ fro~ ~y .... ~ ' ~fled ........ 1 ...... e~ t~ ~e of bingo ~ ~ter~equipmcnt or ~ provision of any sorv%~s ot~r tl~e%~ [%~es and normal .... m ~' ding' ............... o, shall- s~ifi~ly ~eemiee the cost of cquipmcnt r ...... and services7 -separate fr{~-~e ~ ~ rental of the F ....... e~. No landlord shall, at bingo qames conducted on ~he landlord's premises, [i2 part]ti )at~ in the iIIiIi 1 [1Ill [I 523 524 Ceun:_ll of the (ity of Virginia Beach, Virginia Adopted by the on the 28 day of Iune 19~ 4. 525 526 527 528 CA-5598 R-5 JUNE 17, 1994 ORDINkDATAkPROPOS ED\ 4 -~ 5 ETSQ . ORD 16 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 3O 31 32 33 APPROVED AS 70 CO~'~TTM AN ORDINANCE TO AMEND AND REORDAIN. SECTIONS 5-73 AND 5-87 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO ANIMALS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Chapter 5 Sections 5-73 and 5-87 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 5-73. Keeping dogs under restraint; leash law. (a) It shall be unlawful for the owner of any dog to permit the dog to go upon any public street, sidewalk or right-of-way, excluding the public beaches of the city, unless it is kept secured by a leash or lead or other means of restraint not harmful or injurious to the dog and under the control (~f a responsible person capable of physically restraining the do(I. (b) Any person who does not restrain his dog, in accordance with this section, whether such person be the owner or custodian of such dog, shall be guilty of a Class 4 misdemeanor, the animal control officer or poi ice officer may issue a summons to any person he finds in violation of this section. (c) (1) This section shall not apply to any person who uses a dog under his direct supervision while lawfully hunting, while engaged in a supervised formal obedience training class or show, or du~ing formally sanctioned field trials. (2) This section shall not apply to any person south of the trace line beginning at the intersection of Elbow Road and the Chesapeake-Virginia Beach City boundary line; thence northeastwardly along Elbow Road to Salem Road; thence southeastwardly a~ong Salem Road to North Landstown ~oad; thence northeastwardly along Landstown Road to Princess Anne road; thence southeastwardly along 34 35 36 37 38 39 40 41 42 43 44 Princess Anne Road to Occana Bcu!cvard, ncrtheastwardly ~ o ....... ..... g Ocaeana ~.~ul .... d to Dam ~T~. ....... e eastwardly a~~~to its '~+ the A~lan%ic l~lOn£~ Of ~c~ ......... ge and Lag Ocean;. with- tho Mill Farms- and the O~---Mar, Sandbridqe cxccption -- of Road; thencn eastwardl~ alonq Sandbr~Qqe Road to its intersection with the Atlantic Ocean; with the exception of the subdivisions of Bellwood Estates~ Foxfire and Three Oaks and the communities of Sandbri~qand Lag O Mar, and ~ny other areas zoned for residential use. 45 46 47 48 49 5O 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 Section 5-87. Vaccination or inoculation of dogs and cats. (a) It shall be unlawful for any person to own, keep, hold or harbor any dog or cat city, unless such doq with a rabies vaccine, over the age of four (4) months within the or cat shall have been currently vaccinated licensed by the Un,ted States Department of Agriculture for use in that species. If, however, the requirement of vaccination or inoculation threatens the physical well-being of such dog or cat, the owner of such dog or cat shall have a certificate signed by a Licensed veterinarian certifying the same and the owner shall ~eep such dog ~r cat ~n quarantine until the same is inoculated o~ vaccinated. (b) Any person transporting a dog or cat into the city from some other jurisdiction shalL1 comply w~th this section within thirty (30) days from the day he brings such dog or cat into the city, if such dog or cat is to be kept in the city more than thirty (30) days. (c) The vaccination or inoculation required by this section shall be administered by or under the supervision of a licensed veterinarian. When so administered, to the owner of the ~og or cat a tag inoculation or vaccination, proper~.y the veterinarian shall issue and a certificate of rabies executed and signed by the veterinarian, certifying that the dog or cat in question has been inoculated or vaccinated in accordance with the provisions of this 68 69 7O 71 72 section. Such tag shall be firmly attached to the dog's or cat's collar and shall be worn at all times when the dog or cat is not on the property of the owner or custodian o~ the dog or cat or in the immediate control of some responsible person. The owner or custodian of the doq or cat shall furnish, within a reasonabl~ 73 74 75 period of time, upon request of an~ animal warden, humane investiqator, law enforcement officer or official of the department of health, the certificate of vaccinatinn for such doq or cat. 76 77 on Adopted by the Council of the City ot Virginia Beach, the 28 day of h~ne , 19~)4. Virginia 78 79 8O 81 CA-5607 Ri ORDIN~DATAkPROPOSED\05-73-87.ORD JUNE 10, 1994 1 2 3 4 AN ORDINANCE TO AMEND AND REORDAIN~.~ '~'; ' - SECTION 22-11 OF THE CODE OF THE ~ ~ ~,~?~[~? CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO INDECENT EXPOSURE 5 6 7 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 22-11 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: 9 10 11 12 13 14 Section 22-11. Indecent exposure. No person shall [ntentionalllf make an obscene display or exposure of his person, or the private parts thereof, in any public place or in any place where others are present, and no person shall procure another to so expose bimselI. No person shall be deemed to be in violation of this section for breastfeedinq a child in any 15 public place or any place where others are present. 16 17 Adopted by the Council of the City of V[rginia Beach, Virginia 28 J~me on the __ day of , 1994, 18 CA-5597 19 Ri 20 MAY 19, 1994 21 ORDINkDATA~PROPOSEDk22-1i.ORD 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 AN ORDINANCE SECTION 38-3.2 OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO USE OF BOW AND ARROW BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 38-3.2 of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 38-3.2. Use of bow and arrow restricted. (a) It shall be unlawful for any person to shoot with a bow and arrow within those limits of the city which are specified in section 38-3 to be un]awful for the discharge of any firearm, except within an archery range having clearly designated boundaries and a safe area of impact sufficient to prevent personal injury and property damage. The use of any such range located on public or school property shall be subject to the approval of the director of parks and recreation or the principal ol the respective school. The shooting of arrows tipped ~.ith ~uction cups shall not constitute a violation of this section. (b) Notwithstanding any other provision of this chapter, it shall be unlawful for any person to shoot w~th a e~un~ bow and a_rro~ or crossbow /i~ in or across an~ road~ -- or within the right of~ ~ - way thereof or in an st~ or~ii~ at or upon the property of another without permission of the Owner or 3ther person lawfully in charge thereof. (c) A violation of this section shall constitute a class 4 misdemeanor. Adopted by the Council of the City of Virginia Beach, Virginia on the 28~ day of ~u~ ..... 1994. CA-5596 R-2 MAy 26, 1994 ORDINkPROPOSEDk38-3_2 . ORD - 14 - Item III-G. 3. CONSENT AGENDA ITEM # 38124 The following registered in SUPPORT: Attorney R. Edward Bourdon, Pembroke One Building, Fifth Floor, Phone: 499-8971, represented the applicant DonaM F. Kelleher, 5529 Whirlaway Road, Phone: 499-9349 The following registered in OPPOSITION: Robert Hicks, Chairman - Park6' and Recreation Commission, 5565 Whirlaway Road, Phone: 497-4129. Mr. Hicks requested the property behind the sewerage pump station not be sold. A MOTION was made by Councilman Clyburn, seconded by Councilman Brazier to ADOPT an Ordinance to declare a portion of approximately ten (10) acres as' EXCESS PROPERTY adjacent to 5517 Whirlaway Road (Carolanne Farms Subdivision), in the petition of John and Geraldine Cornett; and, authorizing the City Manager to dispose of same (KEMPSVILI.E BOROUGII). A SUBSTITUTE MOTION was made by Councilman Dean, seconded by Councilman Moss to DEFER THIRTY DAYS TO THE CITY COUNCIL SESSION OF AUGUST 2, 1994, an Ordinance to declare a portion of approximately ten (10) acres as EXCESS PROPERTY adjacent to 5517 Whirlaway Road (Carolanne Farms Subdivision), in the petition of John and Geraldine Cornea; and authorizing the City Manager to dispose of same (KEMPSVILLE BOROU(;H). Voting: 5-5 (MOTION LOST TO A TIE VOTE) Council Members Voting Aye: Linwood O. Branch, I11, Robert lC Dean, John D. Moss, Mayor Meyera E. Oberndorf and V~ce Mayor W~lliam D. Sessom.~; Jr. Council Members Voting Nay: John A. Baton, James W. Brazier, Jr., Robert l~ Clyburn, Louis R. Jones and Paul J. Lanteigne Council Members Absent: Nancy K. Parker June 28, 1994 - 15 - Ite__m IlL-G,& CONSENT AGENDA ITEM # 38124 (Continued9 A MOTION was made by Councilman Clyburn, seconded by Councilman Brazier to ADOPT Ordinance to declare a portion of approximately ten (10) acres as EXCESS PROPERTY adjacent to 55aln7 Whirlaway Road (Carolanne Farms Subdivision), in the petition of John and Geraldine Cornett; and, authorizing the City Manager to dispose of same (KEMPSVILLE BOROUGtt). Voting.. 5-5 (MOTION LOST TO A TIE VOTE) Council Members Voting Aye: John A. Baum, James. W. Brazier, Jr., Robert W. Clyburn, Louis. R. Jones and Paul J. Lanteigne Council Members Voting Nay: Linwood O. Branch, IIL Robert t~ Dean, John D. Moss, Mayor Meyers E. Oberndorf and Vice Mayor William D. Sessorns. Jr ounc~l Members Absent: Nancy I~ Parker June 28, 1994 - 16 - CONSENT AGENDA ITEM # 38124 (Continued) Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessotn~., City Council AGREED TO RECONSIDER: Ordinance to declare a portion of approximately ten (10) acres as EXCESS PROPERTY adjacent to 5517 Whirlaway Road (Carolanne Farms Subdivision), in the petition of John and Geraldine Cornett; and, authorizing the City Manager to dispose of same (KEMPSVILLE BOROUGH). Voting: 10-0 Council Members Voting Aye: John .4. Baum Linwood O. Branch, I11, James ~I( Brazier, Jr., Robert W. Clyburn, Robert 1~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and V~ce Mayor William D. Sessotr~., Jr. Council Members Voting Nay: None Council Members '4bsent: Nancy K. Parker June 28, 1994 -17 - Bern III-G. 3. CONSENT AGENDA ITEM # 38124 (Continued) Upon motion by Councilman Clyburn, seconded by Councilman Brazier, City Council DEFERRED TO THE CITY COUNCIL SESSION OF AUGUST 2, 1994: Ordinance to declare a portion of approximately ten (10) acres as EXCESS PROPERTY adjacent to 5517 Whirlaway Road (Carolanne Farms Subdivision), in the petition of John and Geraldine Cornett; and, authorizing the City Manager to dispose of same (KEMPSVII. I.E BOROUGH). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, 111, James V~ Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones; Paul J. Lanteigne, John D. Moss, Mayor Meyers E. Oberndorf and trice Mayor l~lliam D. Sessoms, Jr. Council Members Voa'ng Nay: None Council Members Absent: Nancy K. Parker June 28, 1994 - 18 - Item III-G. 4. CONSENT AGENDA ITEM # 38125 Upon motion by Vice Mayor Sessorm', seconded by Councilman Clyburn, City Council ADOPTED. Ordinance to authorize the City Manager to execute an Agreement between the City of Virginia Beach and the Commonwealth of Virginia, Department of Transportation (VDOT), re administering both the Rosemont Road widening and Route 44/Rosemont Road interchange modifications Westbound On-Ramp A projects Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James V~ Brazier, Jr., Robert W. Clyburn, Robert lC. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms. Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker June 28, 1994 1 2 3 4 5 6 7 8 9 AN ORDINANCE AUTHORiZiNG FIfE CITY MANAGER TO EXECUTE AN AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND THE COMMONWEAI~TH OF VIRGINIA, DEPARTMENT OF TRANSPORIATION, FOR ADMINISTERING BOTH TBE ROSEMONT ROAD WIDENING AND ROUTE 44/ROSEHONT ROAD INTERCHANGE MODIFICATIONS WESTBOUND ON-RAMP A PROJECTS 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 WHEREAS, the Rosemont Road b,:d~,ning Project (CIP 2-]69) first appeared in the 1991--1995 ;apitai nprovenent Program; WHEREAS, tlhe Project provide~ [or the construction of an additional southbom~ lane from VirgJ~ [4 Beach Boulevard to the Route 44 overpass, ~ ~istance of apprc. ~m~te]y ~our hundred {400) feet; WHEREAS, Transportation, has known as Route ~4/Rosemont Westbound On-Ramp A; ~nd WHEREAS, the City Transportation ag~er~ rbat it wou d the State Department of be ~n their best interests to have one entity administer both projeci:~. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the ('it}, Manager is heroby authorized to execute, on behalf of the C'itp of Virginia E;,~a~:h, an "Agreement for Administering Pro 1~ ct by Mtmi~ ]pal it y, ,, dttached hereto as Exhibit A, by whici~ tm~ City agrees Rosemont Road Wide~ :ng Project and th( Route 44/Rosemont Road Interchange On-Ramp A forth both the City's 'ox/xlonwea[th of Virginia's M~x~i~ications, Westbound Project i r, ,u:cordance w; th th.. t:erms and conditions set in said agreement. Adopted ~,. the Council of th,: City of Virginia Beach, Virginia on the 28 day of gum , 1994 . CA-5551 ,,\I'I'ROVI~I) ;~$ ro CONTENT,'-; \ORD1N\NONCODE\CA55~ I-2.ORD PREPARED: 4/6/94 D, pu rNu~ nl ,,t [ uhhc XV,~k~ ' · \I'PROVI{D .'t~; TO LEGAl, 51 I)~I('II{N('V AND FORM AGREEMENT FOR ADMINISTERING PROJECT BY MUNICIPALITY ROUTE 44/ROSEMONT ROAD INTERCHANGE MODIFICATIONS VDOT PROJECT NUMBER: 0044-134-111, CITY OF VIRGINIA BEACH C501 THIS AGREEMENT, day of VIRGINIA, DEPARTMENT made and executed in duplicate as of this _, 19 , between the COMMONWEALTH OF OF TRANSPORTATION, hereinafter called the "Department,, and the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter called the "City". WI TNE 8 S E TH: WHEREAS, the Department has programmed an improvement project in the City know as Route 44/Rosemont Road Interchange Modifications, Westbound On-Ramp A, project number 0044-134-111, PE101, C501 and as shown on the design plans prepared in connection therewith, and referred to hereinafter as the "Project"; and WHEREAS, the Department and the City agree that it would be in their best overall interests to have one entity administer both construction contracts; NOW, THEREFORE, and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The City shall consult with, and act as the agent of, the Department in performing the construction phase of the Department's Project, specifically including the following: a. Administer, supervise and inspect the construction of the Project through final acceptance, in accordance with the design plans, contract specifications or any addenda thereto. b. Procure, in conformance with the applicable provisions of the Virginia Public Procurement Act, a contractor to construct the Project. The City agrees to provide the Department with all bid documents, including copies of the bid advertisement, the engineer's estimate, and all bids received, and the City will not award a contract to construct the Project until the Department has reviewed and approved the bid and the contractor. Relocate utilities as necessary. Submit each phase of work to the Department for review and approval as the Project develops and allow Department personnel to inspect all phases of the project at all times. The City and the Department, through the Resident Engineer, shall mutually agree upon the need for additional work to be added to the contract. Contract change orders will be approved and executed by the City and the Department, prior to the commencement of any work, except in the case of an emergency situation and/or when the time involved in the execution of a change order would prove costly or detrimental to the City and the Department. The City shall advise the Department verbally, when it ks necessary to commence work prior to the execution of a change order. When it is necessary to commence work prior to the execution of a change order, a formal notification shall be initiated by the City as soon as practical. Upon determination of all costs associated with the change, a change order shall be prepared and executed. A formal notification is a memo required when changes occur in quantities after estimated costs have been determined; when time does not permit preparation and execution of a change order prior to performance of the work; or where notice is necessary to of significant changes not change order. alert the Department requiring a contract 2 go Receive Department approval of any claims prior to settlement. The City will furnish the Department with a copy of all notices of intent to file a claim and a copy of any claim that is filed upon the completion and acceptance of the project. The Department shall have access to the City's files pertaining to the c~aim. Upon receipt of a claim, the City shall within 30 days transmit the claim and its position to the Department through the Department's Resident engineer. This is not to mean that face-to-face meetings or discussions concerning the claim cannot occur prior to that time. The Department's Chief Engineer, after review by the Residency, District, and Central Office staff, will determine whether the claim is valid and which part or parts have merit. He will advise the City of the Department's decision at least l0 days prior to the time the City is required to communicate the decision to the contractor. The City will inform the contractor of its position within 90 days of receipt of the claim. If the contractor does not accept the City's offer, which offer shall be reviewed and approved by the Chief Engineer, and requests a hearing before the State Transportation Commissioner, then the hearing will be held jointly with the contractor, the City and the Department within the time frames noted in Section 105.17 of the Specifications. The Commissioner will apprise the City of his position on the claim and notify the contractor accordingly. Maintain accurate records of all costs and expenses incurred for the Project and documentation of all expenses for which reimbursement will be requested, and make such records available for inspection and/or audit by the Department at any time. 3 Submit to the Department's Resident Engineer on a monthly basis a certification of all Project expenses incurred and paid for during the preceding month for construction. The final billing shall be made on a basis of actual costs, reconciling any differences with previously billed amounts. Such billings shall be accompanied by the Department's Form AS-5. In the event the Project is terminated by the Department during any phase of work, the Department will bear 100% of all costs expended to the date of termination. The Department will coordinate with, cooperate with, and assist the City in implementing the Project, and specifically agrees to: a. Review each phase of the Project and respond to requests from the C~ty for assistance. b. Secure the Commonwealth Transportation Board's approval of the construction contract. c. Upon receipt of the construction bids from the City, prepare a detailed estimate based on contract prices, a bid tabulation, a detailed allocation summary, and a monthly progress estimate. Provide funds to the City within thirty (30) days of receiving from the City an invoice of the expenses. e. Audit all Project costs and records as may be required or appropriate. f. The Department hereby approves the schedule of hourly rates attached hereto as Exhibit "A". Nothing herein shall be construed as creating any personal liability on the part of any officer, employee, shall it be construed as to anyone other than the or agent of the parties, nor giving any rights or benefits parties hereto. 4 Neither party will use Federal funds to carry out its portions of the Project. This Agreement shall be binding upon the parties hereto, and their respective successors and assigns. Upon the execution of this Agreement by both parties, the City is hereby authorized to commence with the Project. IN WITNESSETH WHEREOF, the parties hereto have caused Agreement to be executed by their duly authorized officers. this ATTEST: CITY OF VIRGINIA BEACH CITY CLERK WITNESS: CITY MANAGER COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION BY APPROVED AS TO LEGAL SUFFICENCY ASS/~ TANT CITY A~TORNEY rife 11/12/93 5 I A MPL Pt~O~E~ T pL ALCOTT $1LINA DR. ~t~APHIC ZCALE 2000 4000 LOCATION HiP EXHIBIT "A" The cost associated with construction administration and inspection services to be performed by the City of Virginia Beach personnel will be charged against the Route 44/Rosemont Road Interchange Modifications project at the following hourly wages: Civil Engineer II Construction Representative Construction Representative Contract Specialist Secretary $30.19 II $23.01 I $2o.85 $23.01 ~12.72 - 19 - Item III-G. 5. CONSENT AGENDA ITEM # 38126 Upon motion by Vice Mayor Sessorns, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE an $18,000.00 Grant from the Virginia Department f Conservatton and Recreation (DCR); and, TI~NSFER $18,000.00 from the Outdoor Plan Initiative Reserve (CIP #4-960) re construction of a portion of the Pungo-Park Connector Trail. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James V~ Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis 1~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor I~lliam D. Sessoms, Jr. Council Members Voting Nay: Council Members Absent: Nancy K~ Parker June 28, 1994 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 AN ORDINANCE TO ACCEPT AND APPROPRIATE A GRANT IN THE AMOUNT OF $18,000 FROM THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION AND TO TRANSFER $18,000 FROM CIP #4-960 OUTDOOR PI2%N INITIATIVE RESERVE WHEREAS, the Virginia Department of Conservation and Recreation has provided a grant in the amount of $18,000 to offset the cost of constructing an asphalt pedestrian and bicycle pathway with grassed shoulders within an unused City right-of-way for Rosemont Road as part of the Pungo-Park Connector Trail; WHEREAS, the total cost of constructing the pathway portion of the Pungo-Park Connector Trail along the unused Rosemont Road right-of-way is $36,000; and WHEREAS, the work to be provided through this grant will significantly enhance the recreational amenities and transportation alternatives afforded to the citizens of Virginia Beach and complements the objectives and plans included in the proposed Outdoor Plan. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That a grant in the amount of $18,000 from the Virginia Department of Conservation and Recreation be accepted and appropriated to CIP Project #4-961 Pungo-Park Connector Trail and that the City Manager be authorized to sign the attached project agreement. BE IT FURTHER ORDAINED: That estimated revenue from grant funding in the CIP be increased by $18,000, and that $18,000 be transferred from CIP Project #4-960 Outdoor Plan Initiative Reserve to CIP Project #4- 961 Pungo-Park Connector Trail. This ordinance shall be effective July 1, 1994. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of 3une , 1994. CA-5594 ORDIN \NONCODE \ PUNGOPRK . ORD R-1 PREPARED: 06/20/94 APPROVED AS TO LE(~AL CITY' ATTORNL*Y' - 20 - Item III-G, 6, CONSENT AGENDA ITEM # 38127 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, Ct:O/ Council ADOPTED: Ordinance to APPROPRIATE $10, O00 from Account #3002- l-4-02-03 (Civil Charges for wetlands violations) to the Department of Agriculture re abatement of environmental damage to, or restoration of, Wetlands. Voting: 10-0 Council Members Voting Aye. John A. Baton, Linwood O. Branch, I11, James W. Brazier, Jr.. Robert W. Clyburn, Robert 32 Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor l~lliam D. Sessoms Jr. Council Members Voting Nay: Council Members Absent: Nancy 32 Parker June 28, 1994 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 ] 18 19 2O 21 22 23 24 25 26 27 10 I1 2 ORDINANCE TO APPROPRIATE $10,000 TO THE DEPARTMENT OF AGRICULTURE FOR THE ABATEMENT OF ENVIRONMENTAL DAMAGE TO, OR RESTORATION WETLANDS IN THE CITY OF VIRGINIA BEACH. WHEREAS, the Wetlands Board of the City of Virginia Beach has ordered the imposition of civil Charges in connection with violations of the Wetlands Zoning Ordinance of the City of Virginia Beach and has colle~te ~ d the cumulative sum of $10,000 in civil charges and deposited said monies with t~e City Treasurer; and WHEREAS, Section 28.2-1320 of the Code of Virginia 1950, as amended, and as incorpora~ ~d by reference in Section 1418 of the City Zoning Ordinance, provides that civ][ charges imposed for the violation of any provision of the Wetlands Act (Sections 28.2- 1300 - 28.2-1320) oL violations of any Commission or' wetlands board notice, order, rule, regulation or permit condition may be directed to be paid into the treasury of the county, city, or town in which the violation took place for the put, pose of abating environmental damage to, or the restoration of wetlands therein; and WHEREAS, there are available revenues deposited with the City Treasurer, the sum of $~0,000 for the abatement of environmental damage to, or the restoration of wetlands; and WHEREAS, the Department of Agriculture is tasked with the administration of funds collected in accordance with Section 28.2- 1320. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGIN ~, THAT: That the sum of $20,000 is hereby appropriated to the Department of Agriculture for the abatement of environmental damage to, or the restoration of wetlands in the City o~ Virginia Bea{ as directed by the Directo~ of Agriculture. 34 35 36 37 38 39 4O 41 42 43 44 this Adopted by the Council of the City of Virginia Beach, Virginia 28 _ . day of June , 1994. A MAJORITY VOTE OF ALL THE MEMBERs OF COUNCIL IS REQUIRED. CA-5613 Ordin\Noncode\Wetlands. Ord 06/09/94 APP OVED AS TO CONIENI',S ~' DI~PARTMENT APPROVED AS TO LEGAL SUFFICIENCY AND FORM CITY A TTOR NI~y~_) - 21 - It_em III-G. Z CONSENT AGENDA ITEM # 38128 Upon motion by l, ffce Mayor Sessorns.. seconded by Councilman Clyburn, City Council ,4DOPTED: Lease Agreement between the City of Virginia Beach and the Back Bay Wildfowl Guild re operation of a museum of wildfowl art at dewitt Cottage. Voting: 10-0 Council Members Voting Aye: John .4. Baum, Linwood O. Branch, III, James Fg. Brazier, Jr., Robert W. Clyburn, Robert 1~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members .4bsent: Nancy K. Parker June 28, 1994 LEASE THIS AGREEMENT Made as of the ~9,~ nd day of ~'~ r~e~ , 1994, by and between the City of Virginia Beach, Virginia, a municipal corporation of the Commonwealth of Virginia, (hereinafter the "City") and the Back Bay Wildfowl Guild, (hereinafter the "Guild"). WITNESSETH: That the City, for and in consideration of the rent and covenants and agreements to be kept and performed by the parties hereto, agrees to rent and does by these presents hereby rent to the Guild, and the Guild does hereby accept said lease upon the terms and conditions set forth herein, all that certain piece, parcel or tract of land, together with any and all appurtenances thereon, belonging, lying, situate and being in the City of Virginia Beach, Virginia, the following described property, to-wit: All that certain lots or pieces of land with the buildings thereon, in the city of Virginia Beach, Virginia, known, numbered and designated upon a plat of the Virginia Beach property which is attached to and made part of a deed to Robert M. Hughes from the Norfolk and Virginia Beach Railroad Company, dated July 21, 1887, and duly recorded in the clerk's Office of the Circuit Court of the City of Virginia Beach, as lots number one (1) and two (2) in block eleven (11) which lots are bounded and described as follows: Beginning at the Southeastern intersection of Twelfth Street and Atlantic Avenue and running South along the East side of said Atlantic avenue One Hundred and five (105) feet, thence Eastwardly at right angles with Atlantic Avenue One Hundred and fifty (150) feet; thence northerly parallel with Atlantic Avenue One Hundred and five (105) feet to Twelfth Street, thence Westwardly along the southern side of Twelfth Street One Hundred and fifty (150) feet to the point of the beginning. It being the same property conveyed to the Virginia Beach Foundation by deed of the deWitt sisters dated October 1, 1990, and recorded in the Clerk's Office of the circuit court of the City of Virginia Beach, Virginia, in Deed Book 2945 at Page 1287. This Agreement and Lease is conditioned upon the following terms, conditions, and covenants. 1. Term: The term of this Lease shall be for a period of five (5) years, commencing on the date that ownership of the Property (the Building and the grounds) is conveyed to the City and the Guild is prepared to assume occupancy of the premises, and ending at midnight on the date which is five years from the commencement date, with the intention of renewing this lease, to the extent permitted by law, as long as both parties are dedicated to preserving the historic nature of the deWitt Cottage (the "Building") and operating an activity that compliments the general level of culture of the City of Virginia Beach. 2. Rent: The total rent for the term hereof and any renewal term hereof shall be one dollar ($1.00) per annum, which the Guild shall pay to the City, in advance, at such place as may be designated by the City. 3. Use: The Guild will use and occupy the Property for purposes which complement the general level of culture of the City of Virginia Beach, including wildfowl exhibits and related special events, receptions and meetings, operation of a gift shop, and exhibiting furnishings and other items which are intended to preserve the historic nature of the deWitt Cottage. The Building must remain open to the general public for at least 120 days and for a total of at least 1,000 hours per year. The Guild covenants and agrees to abide by, observe and comply with all Federal, State, and Municipal laws, ordinances and regulations applicable to its use and occupancy of the Property and with any covenants and restrictions to which the Property is now or may hereafter be made subject and further covenants that it will not do or permit any act or thing or omit any act or thing which conflicts or otherwise fails to comply with the terms of any policy of insurance covering the Property. The Guild shall not use nor permit the Property to be used for any purpose other than as stated in this section of the Lease without the City's prior written consent. 2 4. Notice: Any notice provided for or required by this Lease shall be deemed to have been delivered on the date that such notice has been personally delivered or deposited in the U.S. Mail, first class, return receipt requested, postage prepaid and addressed as follows: (A) To the City: Department of Museums City of Virginia Beach Virginia Beach, Virginia 23456 (B) To the Guild: The deWitt Cottage 21st and Atlantic Avenue Virginia Beach, Virginia 23451 5. Name: The official name of the Guild's operation must include mention of the deWitt Cottage, such as "The Atlantic Wildfowl Heritage Center at the deWitt Cottage." Letterhead and identifying signage on site and any other formal recognition must contain this inclusion. The appearance of this title shall be approved by the City and the Guild. 6. i~: The Guild shall erect a sign which shall give recognition to the City as a principal in the ownership and establishment of the deWitt Cottage. Such signage is to be constructed and maintained in accordance with applicable State and City law. Signage shall be approved by the City, such approval not to be unreasonably withheld. 7. Attachments: The following documents are attached hereto and such documents shall be incorporated herein by reference: (A) Exhibit A - Insurance Obligations; and (B) Exhibit B - Inventory of Furnishings. 8. Termination: The Guild may terminate this Lease with sixty (60) days advance notice, for any reason it considers appropriate, with no further obligation. 9. Default: If, after receiving written notice from the City, the Guild fails to complete performance within forty-five (45) days thereafter or within such additional time as may be reasonably necessary, of any covenant or agreement to be performed by the Guild herein, or causes damage to or neglects the house, the City may reenter the Property, and terminate the Lease. In addition, the City shall retain the right to sue for damages as allowed by law and to pursue such other remedies as are available at law or in equity. 10. Indemnification: The Guild agrees to indemnify the City against ail liabilities, expenses and losses incurred by the City as a result of (a) failure by the Guild to perform any covenant required to be performed by the Guild hereunder; Co) any accident, injury, or damage which shall happen in or about the leased Property or resulting from the condition, maintenance or operation of the leased Property. The City shall not be liable for any loss, injury, death, or damage to persons or property which at any time may be suffered or sustained by the Guild or by any person whomsoever may at any time be using or occupying or visiting the Property or be in, on, or about the same, whether such loss, injury, death, or damage shall be caused by or in any way result from or arise out of any act, omission, or negligence of the Guild or any occupant, visitor, or user of any portion of the Property, or shall result from or be caused by any other matter or thing whether of the same kind or of a different kind than the matters or things above set forth. The Guild shall indemnify the City against all claims, liability, loss, or damage whatsoever on account of any such loss, injury, death, or damage. The Guild hereby waives all claims against the City for injuries to person or property in or about the Property, from any cause arising at any time. The Guild further agrees to defend, indemnify, and hold harmless the City, its employees, agents, and volunteers from any and all liability and/or damages for injuries to persons or damage to property arising out of the acts or omissions of the Guild, the Guild's agents or employees under this Lease. 11. City/Guild Services: Maintenance: City shall, at City cost: (A) Maintain in good condition and repair the Property, including all buildings and improvements, sidewalks and landscaping; (B) Provide payment for all utility costs and fees as pertain to electricity, heating, fuel, water, sewer and solid waste collection; (C) Provide minimal weekly housekeeping services; and (D) Approve in advance the acquisition or installation of any equipment it is expected to maintain. The grounds will be maintained in a manner consistent with the historical appearance of the Building or representative building of the same period. The City shall, upon prior notice to the Guild, have access to the Building, at reasonable intervals during normal business hours, for reexamining or repairing the Building, and City may enter at any time for emergency repairs. However, the City shall not unreasonably interfere with the Guild's use of the Building. The City shall have the fight to establish reasonable rules and regulations governing the use and occupancy of the Property. The Guild shall not perform any repairs upon the premises, structural or otherwise, unless minor in nature and approval of the City is first obtained, but shall use its best efforts to maintain the premises in a neat and orderly condition. No changes or additions to the structure of the Building or its mechanical systems may be made without the approval of the City. The Guild shall provide daily housekeeping services. Upon the termination of this Lease, the Guild shall deliver the Building to the City in "broom clean" condition, excepting ordinary wear and tear or loss or damages caused by fire or other casualty. The Guild shall: Pay for telecommunications fees and services and other utilities unless specified to be paid by the City; and Provide written security procedures designed to reasonably protect the Building against damage, such procedures to be approved by the Cit). 12. Furnishin£s: The Guild is hereby expressly given the fight, at any time during its tenancy to remove its fixtures and other personal property, but shall not be obligated to do so; provided however, the Guild will make reasonable repairs to the Building for any physical injury caused thereto by such removal. At the expiration of the Term, should the Guild fail to remove all fixtures and other personal property, the Guild shall be deemed to waive all rights to any such fixtures or personal property not so removed. An inventory of all furnishings and materials considered to be a part of the property of the deWitt Cottage will be presented to the Guild. (This inventory is attached hereto as Exhibit B and is incorporated herein by reference). None of these items may be removed or otherwise disposed of without the approval of the City. There shall be maintained at the Guild's expense, at all times when any change or alteration is in progress, worker's compensation insurance in accordance with law covering all persons employed in connection with the change or alteration, and general liability insurance for the Guild covering the additional haT, ds resulting from the change or alteration. 13. ~: Except as otherwise provided herein, in the event the Building or improvements on the Property or any part thereof are damaged or destroyed by fire or other casualty, net proceeds of insurance as are applicable to such damage shall be used for the repair, replacement, rebuilding, or restoration of the Building to the same condition as existed prior to such damage or destruction if deemed economically feasible to do so by the City. 14. -6ssi~nment and Subletfinff: The Guild shall not assign this Lease in whole or in part or sublease all or any part of the Property. This shall not prohibit the Guild from conducting special events, receptions, meetings for which it receives fees or other consideration as long as such events are conducted in general accord with the terms and conditions stated in this Lease. 15. ~: Upon the expiration or earlier termination of this Lease, the Guild shall surrender to the City the Property in a broom clean condition, fair wear and tear excepted. 16. ~: If any provision of this Lease or its application to any person or circumstance shall to any extent be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those as to which it is invalid or unenforceable, shall not be affected, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 17. a~fl~L.fl~Ll?~: The Guild, on behalf of itself and its agents, employees, contractors, invitees and licensees, hereby agrees to observe and strictly comply with all reasonable rules and regulations, adopted by the City from time to time with respect to the occupancy of or operations on the Property. The City shall not be liable for the nonobservance or violation by the Guild, or any agent, employee, contractor, invitee or licensee of the Guild, of any Rules and Regulations. 18. ]~!L~~: All approvals required within the wording of this Lease must be obtained in writing prior to implementation or acquisition. The official representative of the City for administering this Lease and contact is the Department of Museums, unless otherwise stated. 19. N n-DJ c imin ti n: The Guild certifies that eligibility for membership, employment, volunteer worker status or elected or appointed office in the Guild is not restricted on the basis of race, religion, color, sex, or national origin. IN WITNESS WHEREOF, the City and the Guild have duly executed this Agreement as of the date first written above. CITY OF VIRGINIA BEACH: BY City Manager or Authorized Designee (SEAL) ATrEST: (Title) (SEAL) ATfEST: (Title) BACKBAY WILDFOWL GUIL~: STATE OF COUNTY OF , to-wit: I, and State aforesaid, do hereby certify that foregoing writing, bearing date the __ day of same before me in my County and State aforesaid. Given under my hand this day of , a Notary Public in and for the County , whose name is signed to the , 1994, has acknowledged the ,1994. My Commission Expires: Notary Public STATE OF ~t~c,-//~ ~ ~ COUNTY OF/~mc~ ,afdc, to-wit: I, /qq,n/~Thtr~ ,,'¢. ~>O~-~ , a Notary Public in and for the County and State aforesaid, do hereby certify that ~.~/e-/-tJ~r ~'i/~r/, .,~whose name is signed to the foregoing writing, bearing date the _a3 day of ~'c,~-e_ , 1994, has acknowledged the same before me in my County and State aforesaid. Given under my hand this aa day of ~D'-c,.r~-e~ , 1994. . Not~ ?ublic My Commission Expires: ! 7 EXHIBIT' "A" INSURANCE OBLIGATIONS A. The Ci _ty's Insurance Obligations. The City shall maintain during the Term such comprehensive public hability insurance in such amount as the City deems appropriate. The city may, at its sole discretion, self-insure the risks of physical damage to the Property or use a combination of insurance and self-insurance as the City deems appropriate. B. The Guild's Insurance Obligations. The Guild shall, at all times during the Term at its own cost and expense, carry commercial general liability insurance on the Property with limits of not less than $1,000,000.00 combined single limit. The Guild shall also carry "all-risk" casualty insurance, written at replacement cost value and with replacement cost endorsement, covering all the Guild's personal property in the Building (including, without limitation, fixtures, floor coverings, furniture, and other property removable by the Guild under the provisions of the Lease ) and all Leasehold improvements installed in the Building by or on behalf of the Guild and if, and to the extent permitted by law, worker's compensation or similar insurance. All liability insurance policies shall name the City as an additional named insured and shall be written by companies acceptable to the City and in form acceptable to the City. Each such policy shall also contain a provision prohibiting cancellation without thirty (30) days prior written notice to the City or its designee. Certificates of such insurance shall be delivered to the City promptly after the issuance of the respective policies. If the Guild fails to provide or maintain such liability insurance, the city may, but shall not be obligated to, do so and collect the cost thereof as Additional Rent. - 22 - CONSENT AGENDA ITEM # .18129 Upon motion by Vice Mayor ,%ssoms, seconded by COuncilman Clyburn, City Council APPROVED: CERTIFICATES OF PUBLIC CONVENIENCE AND NECESSITY: EAST COAST LIMOUSINE LAND YACItTS MAS SERVICES TOM'S LIMO SERVICE Voting: 10-0 Council Members Voling Aye: John A. Baton, Linwood O. Branch, II1, James W. Brazier, Jr., Robert W. Clyburn, Robert Ir2 Dean, Louis P~ Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy I'2 Parker June 28, 1994 - 23 - teIt~rn III~-G. 9, CONSENT AGEND.4 ITEM # 38130 Upon motion by V~ce Mayor Sessoms, seconded by COuncilman CTyburn, City Council .4DOPTED: Ordinance to authorize tax refunds in the amount of $1,952.50 upon application of certain persons and upon certification of the City Treasurer for payment. Voting.. 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor I~lliam D. Sessorns. Jr. Cbuncil Members Voting Nay: Council Members Absent: Nancy I~2 Parker June 28, 1994 ~o.c~ ? 6/13/)4 IMf AN ORDINANCE AUTHORIZING TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE TREASURER FOR PAYMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for tax refunds upon certification of the Treasurer are hereby approved: NAME Tax Type Ticket Exonera- Date Year of Tax Number tion No. Paid Penalty Int. Total Margaret J Twohy et al J Harold Jr & Son Frank j & Mary B Acela Leslie W & Carolyn Smith Vilma E Smith Peggy E & William Amato Jr Peggy E & William Amato Jr Peggy E & William Amato Jr Peggy E & William Amato Jr Peggy E & William Amato Jr Peggy E & William Amato Jr Peggy E & William Amato Jr Talman Home Mortgage Corp Talman Home Mortgage Corp talman Home Mortgage Corp Talman Home Mortgage Corp Talman Home Mortgage Corp Talman Home Mortgage Corp Talman Home Mortgage Corp Jerald B & Patricia Jones Jerald B & Patricia Jones Jackie E Davis 94 RE(l/2 94 RE(l/2 94 RE(l/2 94 RE(2/2 93 RE(l/2 94 RE(l/2 93 RE(i/2 93 RE(2/2 92 RE(l/2 92 RE(2/2 91 RE(l/2 91 RE(2/2 94 RE(i/2 93 RE(i/2 93 RE(2/2 92 RE(l/2 92 RE(2/2 91 RE(I/2 91 RE(2/2 93 RE(2/2 94 RE(i/2 92 Pp 119497-5 12/5/93 906.87 49076-3 12/5/93 28.50 284-4 12/5/93 159.80 134036-8 5/10/94 363.97 19715-4 11/20/92 90.75 2073-5 12/5/93 2.49 2054-9 12/5/92 2.38 2054-9 6/5/93 2.38 2034-5 12/5/91 2,38 2034-5 6/5/92 2.38 2092-5 12/5/90 2,26 2092-5 6/5/91 2.26 10746-5 11/23/93 35.87 10560-9 11/24/92 34.29 10560-9 5/29/93 34.29 10477-2 11/26/91 34.29 10477-2 6/5/92 34.29 10527-3 11/9/90 32,47 10527-3 5/14/91 32.47 59511-7 4/27/94 67,62 60178-7 4/27/94 41.35 51330-1 2/18/94 39.14 Total 1,952.50 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $], 952.50 were approved by the Council of the City of ,V, fiur~ienia Beach on the_~_day of ___ Ruth Hodges Smith City Clerk )roved as to form: - 24 - Item III-G. iO CONSENT AGENDA ITEM # 38131 Upon motion by Vice Mayor Sessonu~, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to authorize a special tax refund in the amount of $13.06 upon application of certain persons and upon certification of the Commissioner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James V~ Brazier, Jr., Robert W. Clyburn, Robert 1~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor I4qlliam D. Sessoms, Jr. Council Members Voting Nay: Council Members Absent: Nancy K. Parker June 28, 1994 AN ORDINANCE AUTHORIZING cPECIAL TAX REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITW OF VIRGINIA BEACH. VIRGINIA: That the following applications for I,cense refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME TAX Date Year Paid Base Penalty Total Mrs. Leonette Adler 3~65 Ocean Hills Ct. Virginia Beach, VA 23451 1994 4/20/94 .... $13.06 Th~s ordinance shall be effective from date of adoption. The above abatement(s) totalinG 13.06 the City of Virginia Beach on the 28 Gay of Cer~died as to Payment: Robert P Vaughan Comm,ss;oner of the Revenue Approved as to form: Lesli~ L Lilrey 3~ty Attorney were approvec by the Counc~ lune 19 94 Ruth Hoages Smith C~ty Clerk - 25 - Rem III-G.! ! CONSENT AGENDA ITEM # 38132 Upon motion by Vice Mayor Sessotns, seconded by Councilman Clyburn, City Council ADOPTED: Ordinance to authorize license refunds in the amount of $74,319.76 upon application of certain persons and upon certification f the Commtsstoner of the Revenue. Voting: 10-0 Council Members Voting Aye: John A. Baton, Linwood O. Branch, HI, James I~ Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne. John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None ounctl Members Absent: Nancy 32 Parker June 28, 1994 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Year Paid Base Penalty Int. Total 1~:)1-94 1991-94 70, ~7'1.59 70,474. 59 Busch Inc. 516 Viking Drive Virginia Beach, VA 23452 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $70,474.59 of the City of Virginia Beach on the .... day of Certif,ed as to Payment: ~ot~ert P Vaughan/ Comm~smoner of the Revenue Approved as to form: Leslie L Lil~e~ ~ City Attorney were approved b~, t~e Council June !)4 ,!9__ Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS uPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: L~cense Date Base Penal~ Iht, Total NAME Year Paid Barbee, Wallace D. 1992-'~! Audit 98.1!9 98.65 T/A Raindoctor 5216 Balboa Drive Virginia Beach, VA 23464 Bevelheimer, David L. T/A East Coast Cleaning 4853 Tunlaw Court virginia Beach, VA 23462 Bohanon, Raymond A. T/A The Bass Connection 2009 Idlywood Court Virginia Beach, VA 23456 1992-93 Audit 28. !)6 1993 Audit 38.25 28.56 38.25 Certified as to Payment: ,--'-'~oberl P Vaugha~../ Comm~ss,oner of the Revenue This ordinance shall be effective from date of adoption. The above abatement(s) totaling $165.46 Ap0roved as to form: City Attorney were approved by the Council 28 June I c?4 of the City of Virginia Beach on the .... day of __ - ...... Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CFFY OF VIRGINIA BEACH. VIRGINIA: That the fo[lowing applications for license refunds, upon cePbfication of the Commissioner of the Revenue are hereby approved: NAME L~cense Date Base Penalty Int. Total Year Paid Boone, Ronald W. 199~ 3/15/94 L~2.00 112.00 809 East Ocean View Avenue Norfolk, VA 23503 Brianza G P Co. 1992-9~ T/A Pizza Chef Gourmet Pizza P.O. Box 1843 Chesterfield, VA 23832 Carey, Todd M. 1991-~[~ T/A Indian River Auto Sales 1109 S. Battlefield Blvd. Chesapeake, VA 23320 Audit 279.01 279.01 Audit 17090 170.90 Cemfleo as to Payment: Aporoved as to form: L~e L L,l[e~ - / Attorney AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total Boone, Ronald W. 809 East Ocean View Avenue Norfolk, VA 23503 1993 3/15/94 112.00 112.00 Brianza G P Co. 1992-93 T/A Pizza Chef Gourmet Pizza P.O. Box 1843 Chesterfield, VA 23832 Carey, Todd M. 1991-93 T/A Indian River Auto Sales 1109 S. Battlefield Blvd. Chesapeake, VA 23320 Audit 279.01 279.01 Audit 170.90 170.90 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $561,91 of the City of Virginia Beach on the 28 day of Certified as to Payment: ~m~ i sPs i oVna:/ohfa~ e Re~3e Approved as to form: L~dl~ ~L. Lille~ / City Attorney were approved by the Council 3une , 19 94 Ruth Hodges Smith C~ty Clerk FORM NO. C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total 1992 Audit 92.80 92.80 Collier, Randy W. T/A Collier Construction 1305 Masters Court Chesapeake, VA 23320 Colon, Jose L. & Lee R. Carr T/A C & C Heating & A/C Refrig. 53 Dawn Lane 1992 Hampton, VA 23666 Commonwealth H20 of Tidewater Inc. P.O. Box 745 1993 Hayes, VA 23072 Audit 80.00 80.00 Audit 307.83 307.83 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $480.63 28 of the City of Virginia Beach on the __ day of Certified as to Payment: Approved as to form: ~ees,~-L. Lil'~eyY----~'~ City Attorney '~ were approved by the Counci'l June 94 ,19 Ruth Hodges Smith City Clerk FOFIM NQ C.A. 8 RE~. 3,~6 AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total Freelance Associates Ltd. 1909 Decathlon Drive Virginia Beach, VA 23456 1993 Audit 17.40 17.40 Jones, Nancy S. T/A Fafner & Co. 1824 Calash Way Virginia Beach, VA 23454 1994 4/26/94 10.00 10.00 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $27.40 of the City of Virginia Beach on the 28 day of Certified as to Payment: ~rt P. Vaugha~ y- Commissioner of the Re'Eenue Approved as to form: Eeshe L. Lilley City Attorney were approved by the CounCil June , 19 94 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penal~ Int. Total Nguyen, Hai Van 1992-93 Audit 20.34 20.34 T/A China Pearl/China Pearl Convenience Store 4610 Killam Avenue Norfolk, VA 23508 Palmos, Roberto T/A Bert Mobile Canteen 1928 Bunnell Court Virginia Beach, VA 23464 1992 8/11/92 140.00 140.00 Peoples Prescription Center Inc. One CVS Drive Laura Lee 1993 Woonsocket, RI 02895 Audit 544.69 544.69 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $705.03 28 of the City of Virginia Beach on the ~ day of Certified as to Payment: Vaugha; Commissioner of the Revenue Approved as to form: ~t~e~i; L. Lil~ey-- ~,/ City Attorney / were approved by the Council June 94 Ruth Hodges Smith City Clerk F'O~M NO. C.A~ 8 REV. ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total John M. Turner Bldg. Co. Inc. P.O. Box 863 Virginia Beach, VA 23451 1992-93 Audit 864.01 864.01 Miller & Long Co. Inc. 4824 Rugby Avenue Bethesda, MD 20814 1990-93 Audit 207.37 207.37 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $ 1,071.38 28 of the City of Virginia Beach on the .~ day of Certified as to Payment: Approved as to form: 't_"~sl~e L. Lille,~ ~ City Attorney were approved by the Council June 94 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date Base Penalty int. Total NAME Year Paid Riddle, R. M. Courtney & Jerri T/A Riddle Cable 1992-93 119 Dresden Drive Martinez, GA 30907 The Riverboat Inc. T/A The Showboat c/o Sandra L. Rodgers 5421 Ashby Court Norfolk, VA 23502 Audit 35.52 35.52 1992 Audit 231.03 231.03 This ordinance shall be effective from date of adoption. The above abatement(s) totaling ~ 266.55 of the City of Virginia Beach on the 28 day of Certified as to Payment: / C(/~c mem~i sP;, oVnaeUrg;~ e el:~v e n u e Approved as to form: L'L~e~ie L. Lilley-- ~ City Attorney were approved by the Council June , 19 94 Ruth Hodges Smith City Clerk FORM NO. C.A. 8 REV. AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total 1990-92 Audit 50.80 50.80 Stone, John R. T/A Strikers Pro Shop 5504 Old Providence Road Virginia Beach, VA 23464 T P Rusnock Assoc. Inc. 1990-93 T/A Bow Creek Grill/Kemps Grill 5233 Executive Blvd. Virginia Beach, VA 23462 Waters, William J. 1992-93 T/A Reflections by the Waters 4200 Atlantic Avenue Virginia Beach, VA 23451 Williams, William H. T/A Poseidons Wake 2929 Pinewood Drive Virginia Beach, VA 23452 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $232.03 of the City of Virginia Beach on the 28 day of Audit 43.25 43.25 Audit 80.31 80.31 1991-92 Audit 57.67 57.67 Certified as to Payment: ~-"R'~obert P. Vaug~an ~ Commissioner of the Revenue Approved as to form: were approved by the CounCil June , 19 94 Ruth Hodges Smith City Clerk AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: NAME License Date Base Penalty Int. Year Paid Total B J Specialty Services Ltd. 1909 Decathlon Drive Virginia Beach, VA 23456 1993 Audit 85.22 Bakers Pool Maintenance Inc. 644 Pinebrook Drive 1993 Virginia Beach, VA 23462 Balloon Masters Ltd. 5637 Providence Road Virginia Beach, VA 23464 1993 Audit 95.95 Audit 25.83 85.22 95.95 25.83 This ordinance shall be effective from date of aaoption. The above abatement(s) totaling $207.O0 28 of the City of Virginia Beach on the __ day of Certified as to Payment: 4-'"'"'-Robert P. Vaughan Commissioner of the Revenue Approved as to form: ~'~ie/L. Lille~' City Attorney were approved by the Council June 94 ,19 Ruth Hodges Smith City Clerk FOtRM NO. C.A. B RLeM, ~ AN ORDINANCE AUTHORIZING LICENSE REFUNDS UPON APPLICATION OF CERTAIN PERSONS AND UPON CERTIFICATION OF THE COMMISSIONER OF THE REVENUE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the following applications for license refunds, upon certification of the Commissioner of the Revenue are hereby approved: License Date NAME Year Paid Base Penalty Int. Total A M Fohl Inc. T/A A & B Propane 1732 Military Highway Chesapeake, VA 23320 Albin, Sacharia T/A Zarojas 4317 Country Club Circle Virginia Beach, VA 23455 Allen, Leon A. T/A Tan Fast Tik VIII #2 6421 Duquesne Place Virginia Beach, VA 23464 1992 Audit 55.14 55.14 1992-93 Audit 54.00 54.00 1993 Audit 18.64 18.64 This ordinance shall be effective from date of adoption. The above abatement(s) totaling $127.78 28 of the City of Virginia Beach on the ~ day of Certified as to Payment: ~o bmem~, sP; i oVnaeUrgohfa~ e ~evenue Approved as to form: Leslie L. Lilley City Attorney were approved by the Council June ,19__ 94 Ruth Hedges'Smith City Clerk Item III-H. 1. RESOLUTIONS/ORDINANCES ITEM # 38133 Upon motion by Vice Mayor Sessoms, seconded by Councilman Clyburn, City Council ADOPTED: Resolution to authorize the City Manager to execute a Loan Commitment Letter for $1,585,000.00 from the Virginia Revolving Loan Fund, and other necessary documents, re sanitary sewer projects at Grayson/Bonney Road (CIP 6-006) and Dozier's Bridge (CIP 6-008). Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker June 28, 1994 1 2 3 4 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A LOAN COMMITMENT LETTER FOR $1,585,000 FROM THE VIRGINIA REVOLVING LOAN FUND 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 WHEREAS, in 1993 the City of Virginia Beach Department of Public Utilities submitted an application for financial assistance from the Virginia Revolving Loan Fund for eight (8) sanitary sewer projects totalling $22,084,000; WHEREAS, in October, 1993, the State Water Control Board authorized a $1,945,000 loan from the Virginia Revolving Loan Fund at an interest rate of 4.5% and a term of twenty (20) years for City of Virginia Beach capital improvement projects CIP 6-006 Grayson/Bonney Road and CIP 6-008 Dozier's Bridge; and WHEREAS, the 1994-1995 Capital Improvement Budget, adopted May 10, 1994, revised the cost estimates for the Dozier's Bridge project from $1,650,000 to $1,290,000, thus reducing the amount of the Revolving Loan Fund loan needed to $1,585,000; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby authorized to execute on behalf of the City of Virginia Beach the commitment letter for the $1,585,000 Virginia Revolving Loan Fund loan at an interest rate of 4.5% and a term of twenty (20) years and to execute such other documentation as may be required in order to obtain this loan. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of 3une 1994 CA-5622 ORDIN\NONCODE\VRA.RES R-1 PREPARED: 06/16/94 SUFFiC[Ei'qCT' Ak,(-"_3 CITY A'ITORi',~ EY - 27 - Item III-H.2. RESOL UTIONS/ORDINANCES ITEM # 3S1' 4 Dr. Sidney L. Faucette, Superintendent of Virginia Beach City Public Schools, responded to City Council's concerns. Copy of Dr. Faucette's letter to the Virginian I ilot and Ledger Star is hereby made apart of the record. ,4 MOTION was made by Vice Mayor Sessoms, seconded by Councilman Clyburn, to ADOPT an Ordinance to TRANSFER $1,700,000 from Schools Renovations and Replacements (Project 1-058) to Ocean Lakes High School (Project 1-010) and Larkspur Middle School (Project 1-053) re purchases necessary to open those schools in the Fall of 1994. Upon SUBSTITUTE MOTION by Councilman Lanteigne, seconded by Councilman Moss, City Council DEFERRED until the City Council Session of July 5, 1994: Ordinance to TRANSFER $1,700,000 from Schools Renovations and Replacements (Project 1-058) to Ocean Lakes High School (project 1- 010) and Larkspur Middle School (project 1-053) re purchases necessary to open those schools in the Fall of 1994. *Deferral will allow examination of alternatives to fund these projects with Operating Expenses versus Capital. Voting: 6-4 Council Members l/'oting ,4ye: Linwood O. Branch, III, James W. Brazier, Jr., Robert 14. Dean, Paul J. Lanteigne, John D. Moss and Mayor Meyera E. Oberndorf Council Members Voting Nay: John `4. Baum, Robert W. Clyburn, Louis ~ Jones and Vice Mayor William D. Sessoms, Jr. Council Members ,4bsent: Nancy K. Parker June 28, 1994 - 28 - Item III-H.3. RESOL UTIONS/ORDINANCES ITEM # 38135 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to authorize the City Manager to submit a proposal for the acquisition of certain property now held by the Resolution Trust Corporation; negotiate for purchase of the land; ana~ TRANSFER $500,000.00 for expenses associated therewith re possible use for municipal purposes. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker June 28, 1994 1 2 3 4 5 6 7 8 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER TO SUBMIT PROPOSAL FOR THE ACQUISITION OF CERTAIN PROPERTY NOW HELD BY THE RESOLUTION TRUST CORPORATION, TO NEGOTIATE FOR THE PURCHASE OF THE LAND AND TRANSFER CERTAIN FUNDS FOR EXPENSES ASSOCIATED THEREWITH 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 WHEREAS, The City Council has identified certain land which it deems to be in the interest of the public to acquire; WHEREAS, the potential uses for the property include the development of an amphitheater, the development of which the City Council supports and endorses; WHEREAS, the property is currently held by the Resolution Trust Corporation and such corporation is seeking to sell the property through a process involving the submittal of non-binding cost proposals followed by negotiations; WHEREAS, there will be certain costs to the City to enter into and carry through on the Resolution Trust Corporation process, including a refundable deposit; WHEREAS, the tourism growth and investment fund (TGIF) plan includes the development of an amphitheater and that there are sufficient unencumbered funds in Project 2-262 (30th Street Entertainment Center) to provide the preliminary funding fully from the TGIF; WHEREAS, the Council desires to direct the City Manager and City Attorney to do all things necessary to make responsible proposals and to negotiate the purchase of the property, subject to final approval by the City Council. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager and city Attorney are directed and authorized to do all things necessary to ensure the timely submittal of a proposal to the Resolution Trust Corporation, to negotiate for the purchase of the property with the Resolution 36 37 38 39 40 41 42 Trust Corporation and other ownership interests, to carry out such due diligence activities as are necessary to insure the utility of the site and to return to the City Council with the results of these actions. NOW THEREFORE BE IT FURTHER ORDAINED THAT $500,000 is hereby transferred from CIP Project #2-262 to CIP Project #2-260 (Amphitheater) which is hereby established as a CIP Project. 43 44 Adopted by the Council of the City of Virginia Beach, Virginia 28 3une on the day of , 1994. 45 46 47 48 CA-5628 R3 JUNE 22, 1994 ORDIN~DATA~AMPHITHE.ORD 2 - 29 - Item III-H. 4. a. b. RESOLUTIONS/ORDINANCES ITEM # 38136 Upon motion by Councilman Lanteigne, seconded by Vice Mayor Sessoms, City Council ADOPTED, AS AMENDED*: Ordinances re West Neck Creek Golf Course (CIP #2-254) on Seaboard Road (PRINCESS ANNE BOROUGH): * TRANSFER $130,000 from the Tourism Growth Investment Fund (TGIF) re purchase of an additional approximately eight (8) to 11 + acres (Hartley Property); and, authorize the City Manager proceed with acquisition of same upon completion of certain legal requirements. **Grant a thirty O0)-year lease with a ten (lO)-year renewal option to BRASSIE GOLF CORPORATION ("Grantee") for the lease of approximately 185 acres of City- owned property, and/or property the City may acquire, for construction, maintenance and operation of an eighteen (18)-hole Public Golf Facility plus related amenities. *On line 13 of the Ordinance to Transfer funds,, the words "to 11 +" shall be inserted between the words "eight" and "acre'. **Re the ordinance to grant a lease for a golf course, delete lines 44 through 49 and substitute in their place the following: "That the City Manager is authorized to enter into a lease agreement with Brassie Golf Corporation for the Property for a thirty-(30) year term with a ten (10) year renewal option within 120 days of the adoption of this ordinance. Such lease agreement to be in substantial conformity with the Draft Lease Agreement attached hereto and incorporated by reference." Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert IC Dean and John D. Moss Council Members Absent: Nancy IC Parker June 28, 1994 1 2 3 4 5 6 AN ORDINANCE TO TRANSFER $ 130,000 TO PROJECT #2-254 WEST NECK CREEK GOLF COURSE FOR PURCHASE OF PROPERTY AND AUTHORIZE THE CITY MANAGER TO PURCHASE THE PROPERTY UPON COMPLETION OF CERTAIN LEGAL REQUIREMENTS ? WHEREAS, in November 1993, the City acquired property for the development of the West 8 Neck Creek Golf Course located along Seaboard Road; 9 WHEREAS, Council had authorized the City Manager to invite bids for a 30-year lease, with l0 a 10-year renewal option for the construction, maintenance and operation of an 18-hole public-use golf 3-1 facility at this site. 3-2 WHEREAS, the initial bids received were unacceptable and in order to secure qualified bids, 13 the City will need to acquire an additional eight to eleven ± acre parcel; 14 WHEREAS, the additional parcel is available for purchase at a cost of $130,000; 15 WHEREAS, the amount needed may be obtained through a transfer of funds from the Tourism 3-$ Growth Investment Special Revenue Fund Reserves. 17 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 3.8 BEACH, VIRGINIA: 3-9 That funds in the amount of $ 130,000 are hereby transferred from the Tourism Growth 20 Investment Special Revenue Fund Reserves to project #2-254 West Neck Creek Golf Course for the 21 purchase of additional property for the golf course. 22 That the City Manager take the necessary action to proceed with the acquisition of the 23 additional property upon completion of certain legal requirements. 2~, This ordinance shall be effective on the date of its adoption. 25 Adopted by the Council of the City of Virginia Beach, Virginia on the 28 day of June 26 ,1994. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 AN ORDINANCE GRANTING A THIRTY (30) YEAR LEASE WITH A TEN (10) YEAR RENEWAL OPTION TO BRASSIE GOLF CORPORATION ("GRANTEE") FOR THE LEASE OF APPROXIMATELY 185 ACRES OF CITY-OWNED PROPERTY AND/OR PROPERTY THE CITY MAY ACQUIRE IN THE PRINCESS ANNE BOROUGH FOR THE CONSTRUCTION, MAINTENANCE AND OPERATION OF AN EIGHTEEN (18) HOLE PUBLIC GOLF FACILITY PLUS RELATED AMENITIES. WHEREAS, the City of Virginia Beach owns property adjacent to Seaboard Road in the Princess Anne Borough containing approximately 283 acres as more particularly described on the plat entitled "SUBDIVISION OF PROPERTY OF WILLIAMS HOLDING CORPORATION," dated November 8, 1993, prepared by The Talbot Group, which plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach in Map Book 232, at pages 20 through 24; approximately 174 acres of the 283 acres may be leased and developed for the construction, maintenance and operation of a public golf facility with related amenities; and WHEREAS, the City of Virginia Beach is in the process of acquiring an additional eight (8) ± acre parcel contiguous to and north and east of the property currently owned by the City; and, if the eight (8) ± parcel is acquired, the City wishes for the said parcel to be incorporated into the lease with the 174 acre parcel for the construction, maintenance and operation of an eighteen (18) hole public golf course. The approximate 174 acre parcel and the 8 ± acre parcel identified as "Hartley 8 ± Acres" are hereinafter and collectively referred to as the "Property"; and WHEREAS, by Ordinance adopted on the 14th day of December, 1993, City Council authorized and directed the City Manager or his designee to invite bids for a thirty (30) year lease, with a ten (10) year renewal option, of approximately 185 acres of public property for the construction, maintenance and operation of an eighteen (18) hole public golf facility plus related amenities; and 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 WHEREAS, pursuant to the Ordinance adopted on the 14th day of December, 1993, the city Manager caused an invitation to bid to be advertised in accordance with the provisions of § 15.1-307 et seq. of the Code of Virginia (1950), as amended; and WHEREAS, the bid deemed to be in the City's best interest was submitted by Brassie Golf Corporation. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is authorized to enter into a lease agreement with Brassie Golf Corporation for the Property for a thirty (30) year term with a ten (10) year renewal option within 120 days of the adoption of this Ordinance. Such lease agreement to be in substantial conformity with the Draft Lease Agreement attached hereto and incorporated by reference. Adopted by the Council of the City of Virginia Beach, 28 June Virginia, on the day of , 1994. 52 53 54 55 CA-5601 ORDIN\NONCODE\GOLFCRS.ORD R-3 June 29, 1994 6~10/94 DRAFT LEASE AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH, VA NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The final terms shall be subject to the ~approval of the Council of the City of Virginia Beach. This lease agreement (the "Lease") is entered into this day of by and between the City of Virginia Beach, Virginia (the "City"), as lessor, and , (the "Lessee"), as lessee. , 1994, WITNESSETH: That for and in consideration of: (i) the sum of one dollar ($1) to be paid by Lessee to the City upon execution of this Lease; (ii) Lease Payments (as defined in Section $ hereof) to be paid by Lessee to the City; (iii) the construction of the Capital Improvements (as defined in Section 3) by Lessee; and (iv) the experience, capability, skill, financial history and references provided by the Lessee in accordance with Section HI, M of the Invitation To Bid # 1880; and (v) other valuable consideration given by Lessee, the City hereby leases and demi.ses to Lessee that parcel of land described in EXHIBIT A hereto, or as may be revised, (the "Site"). In this Lease, the term "Project" is defined to include the site and the Capital Improvements (as defined in Section 3 hereof) that are constructed on the Site. SECTION TERM OF THE LEASE 1.1 IN1TIAL TERM The initial term of the Lease shall be for thirty (30) years, commencing on the 1st day of ,1994, and te~inating at midnight on the 31st day of December, 2023 (the "Initial Termtt). 1.2 LEASE YEAR DEFINED Each lease year (herein, each "Lease Year") shall be deemed as that period of twelve (12) consecutive months beginning on January 1st of a given year and continuing through December 31st of that year, throughout the term of this Lease, except for the f'wst Lease Year which shah begin on the first day of ., 1994 and continue through December 31, 1994. Each Lease Year will constitute a separate accounting period for the purpose of computing the amount of rent payable to the City under Section 5 hereof. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shah be subject to the approval of the Council of the City of Vleginia Beach. 2 1.3 ADDITIONAL TERM The Lease may be renewed for an additional ten (10) year term (the "Additional Term"), upon mutual agreement of the City and Lessee. The Additional Term shall be based on the terms and conditions set forth herein. Either party desiring to renew the Lease for the Additional Term shall provide written notice to the other party at least one-year prior to the expiration of the Initial Term. Unless the offer to extend the Lease is accepted by the other party in writing with 90 calendar days of receipt of the notice, the Lease shah terminate and cease upon completion of the Initial Term. 1.4 UPON EXPIRATION Upon termination of this Lease, Les.see's leasehold interest in the Site shah terminate and the Capital Improvements (as defined in Paragraph 3.1 hereof) shah become the property of the City. SECTION 2 PERMITTING OF GOLF COURSE 2.1 CITY AS PERMITTEE The City will remain the permlttee for aH permits, licenses, and/or approvals relating to the Project that are required by any local, state or federal governmental and/or regulatory agency. The Lessee shah be responsible for aH costs to apply and pursue such permits, licenses and and/or approvals referenced above. 2.2 EXPENSES Lessee shah provide, at Lessee's expense, aH necessary professional services to support the City in its efforts to acquire the necessary permits, licenses, and/or approvals. Engineering, architectural and other plans necessary for permitting shah be prepared by professional service f'mns retained by Lessee and shah be submitted by the City to the appropriate local, state or federal government and/or regulatory agencies. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemphted for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shah be subject to the approval of the Council of the City of Virginia Beach. 3 2.3 CONDITIONAL USE PERMIT A conditional use permit has been granted for the use of the Site as a golf course with associated residential lots. The conditional use permit and any amendments thereto is attached hereto as EXHIBIT B. Lessee shah construct the Capital Improvements (as def'med in Paragraph 3.1 hereof) in accordance with the conditional use permit and any amendments or modifications thereto and shah adhere to aH conditions attached thereto. 2.4 MITIGATION If any local, state or federal government and/or regulatory agency requires mitigation for environmental impacts (for wetland impacts, habitat impacts, etc.), such mitigation shall be the responsibility of the City. However, such mitigation shah not be the responsibility of the City if the need for the environmental impact mitigation is the direct result of action taken by the Lessee in its construction, operation, maintenance or design of the golf course and other facilities. Lessee agrees to diligently pursue aH necessary approvals relative to the Project and commence construction within days of the date of this Lease. After construction has commenced, the Lessee will diligently proceed to complete the Project in substantial conformity to the Design referenced in paragraph 3.2. SECTION 3 CAPITAL IMPROVEMENTS 3.1 CAPITAL IMPRO~~ Lessee shah construct the following capital improvements (the "Capital Improvements") on the Site: 1. A chnmpionship caliber, regulation length 18-hole, goff course; 2. A practice putting green; 3. A practice range; e A clubhouse building which will include space for (i) the pro shop; (ii) the preparation, sale and consumption of food and beverages; (iii) locker rooms; (iv) restrooms and (v) office space; NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The final terms shall be subject to the approval of the Council of the City of Virginia Beach. 4 5. A building for storage of maintenance equipment and chemicals. Hazardous chemicals shall be stored within an appropriate hazardous storage facility; 6. A surfaced parking area with close proximity to the clubhouse and the starting tees; 7. A fully-automatic, irrigation system will be provided for the greens, tees and fairways; 8. A golf cart storage area; and 9. Site and utility improvements, as required. The Design (as deemed in Paragraph 3.2 below) shah def'me the exact Capital Improvements that Lessee covenants to construct. The Capital Improvements are more particularly defined in "Appendix D Capital Improvements Detail Sheet" of the Invitation to Bid as completed by Lessee. 3.2 PLANS Lessee and the City will jointly approve the f'mal master site plan and design development plans (collectively the "Design") relating to the Capital Improvements. The Design shall be prepared by a certified golf course architect, a building architect, and an engineering firm licensed to do business in the State of Virginia, unless otherwise agreed to by the City. Wherever in this Lease provision is made for "approval", such "approval" shah be made by the City Director of Parks and Recreation, who is hereby designated as the representative of the City to whom aH submi~ions requiring approval shall be made before construction or other action is taken. The Design shall be stamped or noted as "approved" and shah become a part of the Lease. Duplicate copies shah be submitted for approval stamp in order that the City and Lessee may each have a copy of the approved Design. 3.3 CONSTRUCTION No construction shah be undertaken until the Design has been approved in accordance with Paragraph 3.2 of the Lease. AH construction performed by Lessee or its contractors shah conform to the provisions of the Design. In the event that the Lessee has not completed construction of the Project in substantial conformity to the Design and this Lease Agreement on or before the __ day NOTE: This proposed Lease is a draft copy of the Lease Asreement contemplated for approval by City Council. Additional teru~ may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The £mal terms shall be subject to the approval of the Council of the City of Virginia Beach. of ,1~__, the Lessee shah reimburse the City for aH reasonable costs incurred by the City and shah be in default. 3.4 COMPLIANCE WITH DESIGN In case of disagreement with respect to material compliance with the Design, the City shah advise Lessee in writing of the material deficiency claimed. If the claimed deficiency is not cured by Lessee within thirty (30) days or within an appropriate period as otherwise agreed to, the City may take whatever action it is entitled to take at law or equity. However, notwithstanding the above, Lessee shah not during the term of this Lease, make material changes to the design of the golf course without first obtaining written consent of the City. 3.5 OWNERSI:IIP OF PLANS AND SPECII~ICATIONS Lessee shah retain ownership of any and aH master site plans and design specifications relating to the Project, including the Design. 3.6 PRIVATE FINANCING Lessee will utilize private financing to fund the construction of the Capital Improvements. The City's credit shah in no way be used to obtain such f'mancing. 3.7 ' CONTRACTORS Les__see will utilize contractors (and sub-contractors) to construct the Capital Improvements that meet Lessee's qualification standards. Lessee shah specify the qualifications and standards to which the contractors (and subcontractors) shah adhere to construct the Capital Improvements. Such standards and qualifications shah be submitted in the Lessee's bid documents and incorporated into the Lease and shah include but not be limited to the skill, experience of the contractors and sufficient security shah be provided in order to ensure that the contractors (and subcontractors) efficiently complete the construction of the Capital Improvements. Such good and sufficient security shah name the City as an additional beneficiary. Lessee shah not discriminate against any prospective contractor based upon race, sex, religion or national origin. 3.8 MANAGEMF~NT AND EMPLOYEF3 Lessee will manage the operation of the Project by hiring management and employees that meet Les__see's qualification standards. Lessee shah specify the qualifications and standards NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The Final terms shall be subject to the approval of the Council of the City of Virginia Beach. 6 to which the management agent and its employees shah adhere for the efficiency under which the Project shall be operated and maintained, recommending changes if necessary, in the management and maintenance of the Project and any other matters that will improve the efficient management of the Project. Such standards and qualifications for the operation, management and maintenance of the Project shall be submitted in the Lessee's bid documents and incorporated into the Lease and shah include but not be limited to the experience and education the management agent and its employees shall have in order to efficiently manage, operate and maintain the Project during the term of the Lease. Lessee shah not discriminate agaln~ any prospective employee or independent contractor based upon race, sex, religion or national origin. 3.9 ALTERATIONS AND/OR ADDITIONS Lessee shall not proceed with any material alterations or additions to the Design without f'wst obtaining the written consent of the City, whose consent shah not be unreasonably withheld. SECTION 4 USE OF SITE 4.1 PUBLIC GOLF COURSE Lessee will use the Site for the design, construction, operation and maintenance of a public goff course and other activities and facilities customarily associated with a public goff operation, including, without limitation, the sale or rental of goff related merchandise, the implementation of an instructional prog~m, the operation of a practice range and the sale of food and beverages. Approval for the sale of alcoholic beverages will be subject to authorization from, and the rules and regulations imposed by the Commonwealth of Virginia and its agencies. 4.2 TOURNAMF~NTS AND SPECIAL EVENTS For purposes of promoting the Project, golf tournaments and other special events may be held periodically at the Site with written consent of the City, which approval shall not be unreasonably withheld. Prior to each calendar year, Lessee shah provide the City a written schedule of such tournaments and special events for that upcoming year. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Virginia Beaeh. 7 4.3 OPEN TO THE PUBLIC Lessee covenants that the Project will be open to the public during the term of the Lease. Lessee shall not discriminate (i) in the use of the Capital Improvements; (ii) in the sale and dispensing of food and beverages; or (iii) in the sale of in~ructional programs, the sale or rental of goods, on grounds of race, sex, religion or national origin, or handicap. Notice of such nondiscrimination policies shah be conspicuously posted and shall be part of any golf membership application froms and golf course rules of play. SECTION 5 LEASE PAYMENTS 5.1 LEASE PAYI~N~ DURING INITIAL TERM No Lease Payments shah be due and payable under the Lease until and unless the Project begins operation. During the f'wst five years of operation, 1Minimum Annual Lease Payments shah be paid in the following amounts: A.$ C.$ D.$ E.$ during the f'wst Lease Year of operation; during the second Lease Year of operation; during the third Lease Year of operation; during the fourth Lease Year of operation; during the fifth Lease Year of operation. During the remainder of the Initial Term, Lessee shah make ]Vllnim~lm Annual Lease Payments to the City calculated according to the following formula: ($1,635,000) x ( %) = In addition to the Minimum Annual Lease Payment, Lessee shaH make a Supplemental Annual Lease Payment to the City equal to __% of annual gross revenues in excess of NOTE: This proposed Lease is a draft copy of the Lease A~reement contemplated for approval by City Council. Additional terms may be added and existlag terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The ~'mal terms shall be subject to the approval of the Council of the City of Virsinla Beach. 8 $3,500,000. For purposes herein, the term "gross revenues" shah refer to total revenues including but not limited to sales, services, fees, vending machines derived before expenses in whole or in part from any and aH golf related activities conducted in whole or in part, at or from use of the site. 5.2 LEASE PAYMENTS DURING ADDITIONAL TERM If Lessee is allowed to renew for the Additional Term pursuant to Paragraph 1.3 hereof, Lessee shah make Minimum Annual Lease Payments for the Additional Term based upon the following formula: (Fair Market Value of the Site for year 2023) x ( . %) = Lease Payment. For the purposes of determining FMV of the site and improvements, the following procedure may be made. The appraisal shah be made by three (3) disinterested persons residing in the City of Virginia Beach. One of the appraisers shah be chosen by the City, one by Lessee, and the two appraisers so selected shah together select a third appraiser. A decision of the majority of the appraisers shah be binding and shah be considered as the decision of the three appraisers. In the event the appraisers or a majority of them cannot agree on the appraisals herein provided for within 120 days after the third appraiser is selected, then the City and Lessee shah appoint new appraisers in the manner provided for the appointment of the original appraisers. The three appraisers so chosen shah promptly ascertain, appraise, and determine the actual value of the site and improvements then situated on the demised premises. The findings of the appraisers shah be in writing and made in duplicate, one to be delivered to the City and one to the Lessee as soon as the findings shah have been completed. The cost of the appraisal shah be paid percent (.~% by the City and percent ( % by In addition to the Minimum Annual Lease Payment, Lessee shah make a Supplemental Annual Lease Payment to the City equal to __% of annual gross revenues in excess of $3,500,000. For purposes herein, the term "gross revenues" shah refer to total revenues including but not limited to sales, services, fees, vending machines derived before expenses in whole or in part from any and aH golf related activities conducted in whole or in part, at or from use of the site. It is understood by the City and Lessee that the Lease Payments due during the Additional Term are solely intended to fairly compensate the City for Lessee's exclusive use of the Site during the Additional Term. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City CouncU. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Virginia Beach. 9 5.3 PAYMENT DATES One-fourth of the Minim~m Annual Lease Payments required in Section 5.1 herein shall be due quarterly, within thirty (30) days after the end of each quarter (April 30, i.e. payments due on or before April 30, July 30, October 30 and January 30). Supplemental Annual Lease Payments required in Section 5.1 herein shall be due annually within thirty (30) days after the end of each Lease Year (January 30, i.e payments due on or before January 30). Each of these dates is referred to herein as a "Payment Date". 5.4 PENALTIES In the event that Lessee fails to make any Lease Payment or any portion of any Lease Payment, on or before the required due date, the City may ~_~sess a penalty equal to 5% of the deficiency and interest at 8% per annum, until paid, on the amount of such deficiency. SECTION 6 SETTING FEES 6.1 INITIAL All fees and charges for services and goods provided on the Site shall be determined at the discretion of Lessee. Lessee agrees to offer reduced green fees to Virginia Beach residents holding a City of Virginia Beach Golf Course Card. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Virginia Beach. 10 SECTION 7 ASSIGNMENT OF LEASE AND SUBLEASING 7.1 ASSIGNMF~NT OR SUBLEASING Lessee shall have no right to sell, assign, sublease or otherwise transfer its interest in the Lease (in whole or in part) without the written consent of the City. In the event the Lessee obtains written consent of the City, the Lessee shall ensure that the gross revenues of the vendee, assigns or sublessee shall be included as revenue per Section 5 of the Lease. 7.2 MANAGEMF~ CONTRACT For the purpose of this Section 7, a management contract shah not be considered a sublease and will not be subject to the conditions of this Section. Lessee may at its discretion select and contract with a professional golf management firm that meets Lessee's qualification standards to manage the Project. Lessee shah provide the City the specific qualifications and standards to which a professional goff management f'u~n shah adhere. Such qualifications shah include but not be limited to the experience and education the professional goff management firm shah have in order to efficiently manage, operate and maintain the Project during the term of the Lessee. Such standards and qualifications for the operation, management and maintenance of the Project shah be submitted in Lessee's bid documents and incorporated into the Lease. Lessee shall not discriminate against any prospective management firm based upon race, sex, religion or national origin. SECTION SECURITY INTERESTS 8.1 PERMITTED SECURITY INTER. TS Les__see shah have the right at aH times during the term of the Lease to mortgage and/or grant a security interest in: (i) the Lease and Lessee's rights under the Lease; and (ii) the Capital Improvements, provided, however, that any such mortgage and/or security interest shall at aH times be subject to a) the right, title and interest of City as owner of the Site; b) the right of the City to require the payment of aH Lease Payments due under the Lease; and c) the material performance of the covenants and conditions of the Lease. NOTE: This proposed Lease is a draft copy of the Lease Asreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shah be subject to the approval of the Council of the City of Virginia Beach. 11 8.2 HOLDER'S RIGHTS If at any time during the term of the Lease, the Lessee (or its assignees) shah be in default of any payments due under the Lease or of any of the covenants or conditions under the Lease, before forfeiture can be invoked by the City, the holder of any rights of security granted by Lessee (under Paragraph 8.1) may make any payments and perform any acts which may be required to prevent a forfeiture of the Lease. The party making such payments or performing such acts shah thereupon be subrogated to the rights and shah assume all duties and responsibilities of the Lessee (or its assignees) under the Lease. The City agrees that, if requested in writing by the holder of any such rights of security, the City will send to such holder at the address specified in such written request, copies of all written notices or demands which the City may serve upon Lessee (or its assignees) under and pursuant to the terms of the Lease. SECTION 9 REPORTING PROCEDURES 9.1 ACCURATE BOOKS AND RECO~S Lessee shah establish a system of record keeping and accounting controls that will enable Lessee to maintain accurate books and records of aH operations. 9.2 INSPECTION Lessee's books and records shah be open to inspection by the City or its representatives during normal business hours, providing reasonable notice is given by the City to Lessee. 9.3 FINANCIAL STATEMENTS Commencing with the f'wst Lease Year of operation, within 90 days from the close of each Lease Year of operation, Lessee will submit to the City's Director of Finance financial statements (income statement, balance sheet and statement of changes in f'mancial position) which have been audited by an independent certified public accounting firm. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mai terms shall be subject to the approval of the Council of the City of Virginia Beach. 12 9.4 REPORT OF GROSS REVENUES No later than the Payment Dates established under Section 5.3 of this Lease, Lessee will submit to the City's Director of F'mance a report of aH gross revenues for the immediately preceding quarter derived from any activities conducted at or from use of the Site. Gross Revenues are defined in Section 5 of the Lease Agreement. 9.5 FEE SCH~.DULES AND SPECIAL EVENTS Lessee shah provide the City with current fee schedules and current tournament and special event schedules. SECTION 10 TAXES Lessee shah pay aH federal, state and local taxes applicable to the use and operation of the Project. SECTION 11 UTILITIES 11.1 CONNECTION As part of the associated residential development activity, Lessor shah provide sewer services to the Site. Lessee shah pay aH necessary connection fees for such sewer services. 11.2 COVENANT TO PAY UTILITY BILLS Lessee shah have the right to connect to any utilities necessary to operate the premises upon approval by Lessor, and shah pay for any and aH charges incurred for connection and use of such utility service. NOTE: This proposed Lease is a draR copy of the Lense A~reement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shah be subject to the approval of the Council of the City of Virginia Be~ch. 13 Lessee shall pay by the designated due date each bill for utilities (including, but not limited to, bills for electricity, gas, telephone use, stormwater management and water and sewer, when available). Lessee shall pay for all charges levied by the utility companies, contractors, or Lessor for the installation, replacement, upgrading, or repair of utilities required to provide services to the premises, which said installation, replacement, upgrading, or repair is made necessary by the operation of the golf facility or is at the election of the Lessee. 4. AH newly constructed power and utility lines shaH be located underground. SECTION 12 TITLE TO THE SITE 12.1 CLEAR TITLE On the date of execution of the Lease, City shah have clear title to the Site and the Site shah not be subject to any pre-existing lease, mortgage or other security interest, llen, option, restriction or encumbrance which would adversely affect the Project. 12.2 COVENANT NOT TO ENCUMBER During the term of the Lease, City shall not permit any mortgage or other security interest, lien, option, restriction, or encumbrance to be placed against the Site. However, the City may at its option allow or grant a lien, mortgage, security interest or other encumbrance to be placed on City's entitlement to Lease Payments as provided for in Sections 5.1 and 5.2 of this Lease. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The t=mal terms shall be subject to the approval of the Council of the City of Virginia Beach. 14 13.1 GENERALLY SECTION 13 COMPLIANCE WITH LAWS During the term of the Lease, Lessee will be in material compliance with aH federal, state and local laws, statutes, ordinances, rules, regulations, orders or other directives. 13.2 ENVIRO~~AL COMPLIANCE PROVISIONS Warranties and Representations By Lessee With respect to the site, Lessee will at all times comply in aH respects with ali applicable laws including environmental laws (whether statutory, common law or otherwise), rules, regulations, orders, permits, licenses, ordinances, judgments, or decrees of all governmental authorities (whether federal, state, local or otherwise), including, without limitation, aH laws regarding public health or welfare, environmental protection, water and air poliution, composition of product, underground storage tanks, above ground storage tanks, toxic substances, hazardous wastes, hazardous substances, haTordous materials, waste or used petroleum/oH, asbestos, occupational health and safety, nuisances, trespass, and negligence. The terms "hazardous substance,*' "release,*' and "threatened release'* have meanings as specified in CERCLA, and the terms '*solid waste** and **disposal" (or "disposed") have meanings as specified in RCRA; provided, however, in the event either CERCLA or RCRA is amended so as to broaden the meaning of any term defined thereby, such broader meaning shah apply subsequent to the effective date of such amendment, and provided further that to the extent the laws of the Commonwealth of Virginia establish a meaning for "hazardous substance,*' *'release," '*solid waste,'* or '*disposal" which is broader than that specified in either CERCLA or RCRA, such broader meaning shah apply with regard to the site leased to the Lessee and any subsidiary thereof located in such state. The term "environmental laws~ means any and all laws, statutes, ordinances, rules, regulations, orders, or determinations of any governmental authority pertaining to health or the environment in effect in the City of Virginia Beach, Virginia, where the site is located, including, but not limited to, the Clean Air Act, the Clean Water Act, NOTE: This proposed Lease is a draft copy of the Lease Agreement contempLated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The final terms shah be subject to the approval of the Council of the City of Vir~inh Beach. 15 the Comprehensive Environmental Response, Compensation and Liability Act, the Occupational Safety and Health Act, the Resource Conservation and Recovery Act, the Safe Drinking Water Act, the Toxic Substances Control Act, and the Federal Insecticide, Fungicide and Rodenticide Act, all as amended and including all regulations, permits, and orders as issued thereunder. The term "Lessee" includes the Lessee named above, as well as aH officers, directors, [and Shareholders, if closely held corporation], thereof, as well as parent, subsidiary and aff'diate corporations related thereto. AH representations and warranties shah survive termination of the Lease, including involuntary termination and/or assignment. Conduct of Business The Lessee shall maintain in full force and effect (a) its corporate existence and Co) aH Hcenses, bonds, franchises, leases, patents, contracts and other rights necessary to the profitable conduct of its business, including, without limitation, aH notices, permits or licenses, if any, f'ded or obtained with regard to compliance with environmental laws. The Lessee shah continue in and limit its operations to the design, construction, operation and maintenance of a 18-hole, high quality, public golf course and its related amenities and shah comply with all applicable laws and regulations or aH federal, state or local governmental authorities, including, without limitation, aH environmental laws. The Lessee shah use its best efforts to cause any and all contractors, subcontractors, management agents, sublessees, vendors, licensors, and their agents and employees to conduct their respective businesses so as to comply in all material respects with all environmental laws; provided, however, that nothing contained in this Section shall prevent the Lessee from contesting, in good faith and by appropriate legal proceedings, any such law, regulation or interpretation or application thereof; provided, further, that the Lessee shah comply with the order of any court or other governmental body of applicable jurisdiction relating to such environmental laws unless the Lessee shah currently be prosecuting an appeal or proceedings for review and shall have secured a stay of enforcement or execution or other arrangement postponing enforcement or execution pending such appeal or proceedings for review. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The final terms shall be subject to the approval of the Council of the City of Virginia Beach. 16 The Lessee shaH use its best efforts to cause aH contractors, subcontractors, management agents, sublessees, vendors, Hcensors and their agents and employees to dispose of any and all hazardous substances or solid waste generated at such site only at facilities and by carriers maintaining, and to the best of the Les.see's knowledge, operating in compliance with valid permits under RCRA and any other environmental law, and shah use its best efforts to obtain certificates of disposal from aH contractors employed in connection with the transport or disposal of such hazardous substances or solid waste. Eavironmental Compliance Maintenance The Lessee shall establish and maintain, at its sole expense, a system to assure and monitor continued compliance with aH environmental laws by any and aH contractors, subcontractors, management agents, sublessees, vendors, Hcensors and their agents and employees on the site, which system shall include annual reviews of such compliance by agents or employees of the Lessee who are familiar with the requirements of the environmental laws, and at the request of the City no more than once each year, detailed reviews of such compliance (the "Environmental Report") by an environmental consulting fhm acceptable to the City; provided, however, that, ff any Environmental Report indicates any violation of environmental laws, such system shah include, at the request of the City within nine (9) months of the date of such Environmental Report, a detailed review of the status of such violation (a "Supplemental Report") by such environmental consultant. The Lessee shah furnish an Environmental Report or such Supplemental Report to the City within forty-five (45) days after City so requests, together with such additional information as the City may reasonably request. Notice: If the Lessee shah receive: (i) notice that any alleged violation of any environmental law may have been committed or is about to be committed by the Lessee, its contractors, subcontractors, management agents, sublessees, vendors, Hcensors and/or their agents and employees, (~) Notice that any admlni~rative or judicial complhint or order has been ~ed or is about to be i'ded against the Lessee alleging violations of any environmental law or requiring the Lessee or any such subsidiary to take any action in connection with the release or threatened release of hazardous substances or solid waste into the environment, or NOTE: Thk proposed Lease k a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The final terms shah be subject to the approval of the Council of the City of Virsinla Beach. 17 (~) Any notice from a federal, state, or local governmental agency or private party alleging that the Lessee may be Hable or responsible for costs associated with a response to or cleanup of a release or disposal of a hazardous substance or solid waste into the environment or any damages caused thereby, including without limitation any notice that the Les_~e is a "potentially responsible party" as defined by CERCLA and/or RCRA, the Lessee shall provide the City with a copy of such notice within ten (10) days of the Lessee's receipt thereof. The Lessee shall provide City with notice of the enactment or promulgation of any environmental law which may result in a material adverse change in the business, f'mancial condition, or operations of the Lessee within fLfteen (15) days after the Lessee obtains knowledge thereof. The City, or any person designated by the City, shall have the right, from time to time hereafter, to call at the Lessee's place or places of business (or any other place where the collateral or any information relating thereto is kept or located) during reasonable business hours, without hindrance or delay, to inspect the site of the Lessee, and any books, records, journals, orders, receipts, correspondence, notices, permits or licenses, with regard to compliance with environmental laws. The Lessee will deliver to the City, within ten (10) days of request therefor, any instrnments necessary to obtain records from any person maintaining the same. Indemnification By Lessee and Obligation By Lessee For Environmental Liability And Other Costs The Lessee, for itself and its successors and assigns, hereby undertakes to protect, indemnify and save City and its successors and assigns from any and ali liability, loss or damage that City or its successors and assigns may suffer as the result of claims, demands, costs, or judgments against any or all of them, all as a result of claim, demand, cost or jud~,ment made against the City by any third party, including, without limitation, a governmental authority, and shall not be exonerated or exculpated for any deficiency, loss or damage suffered by the City arising from any actual or alleged violation of any environmental law, including without limitation any deposit, storage, disposal, burial, dumping, injecting, spilling, leaking or other placement or release in or on the site of petroleum, asbestos or a hazardous or toxic waste, substance, or chemical as defined by 42 U.S.C § 9601, et seq., as amended, 29 U.S.C. § 651, et seq., as amended, 42 U.S.C. § 6901, et seq., as amended, Title IH of the Emergency Planning NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Virginia Beach. 18 Community Right to Know Act of 1986, regulations of the Department of Transportation, or any other state or federal statute, rule of regulation regarding environmental cleanup or disposal of hazardous substances, including, but not limited to: (a) Liability for costs of removal or remedial action incurred by the United States Government or the State of Virginia (the "State"), or response costs incurred by any other person, or damages from injury to, destruction of, or loss of natural resources, including the reasonable costs of assessing such injury, destruction or loss, incurred pursuant to any and aH environmental laws. Liability for cost and expenses of abatement, correction or cleanup, f'mes, damages, response costs or penalties which arise from the provisions of any and all environmental laws; and (c) Liability for personal injury or property damage arising under any statutory or common law tort theory, including, without limitation, damages assessed for the maintenance of any public or private nuisance, response costs, or for the carrying on of any abnormally dangerous activity. SECTION 14 MAINTENANCE AND REPAIR Lessee assumes sole responsibility for the maintenance and repair of all Capital Improvements. Lessee shall at aH times maintain the Capital Improvements in good working condition and working order. SECTION 15 DAMAGE AND ~ORATION If any building, structure, improvement or personal property on the Site is partially damaged or totally destroyed by fhe or other casualty, Lessee shah repair, reconstruct or replace the building, structure, improvement or personal property to a condition substantially identical to that existing prior to the damage or destruction. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Virginia Beach. 19 SECTION 16 INSURANCE 16.1 INSURANCE REQUIRE1V~NT During the term of the Lease, Lessee shah procure and keep in force, or where appropriate shall require Lessee's contractors and/or subcontractors to procure and keep in force, the insurance required by this Section. 16.2 WORKER'S COMPENSATION Worker's compensation insurance shah be obtained sufficient to meet Virginia statutory requirements protecting the employees of Lessee and the employees of Lessee's contractors and/or subcontractors. 16.3 BUILDER'S RISK INSURANCE During Project construction, Lessee shah obtain and keep in force Builder's Risk Insurance in an omount equal to one hundred percent (100%) of the total construction costs of the physical structures related to the Project. Net proceeds received from this policy shah be used to repair, reconstruct or replace the damaged Capital Improvements. 16.4 ALL RISK PROPERTY INSURANCE Upon completion of construction of the Project's physical structures, Lessee shah obtain and keep in force Ali Risk Property _Insurance covering the Project in an amount equal to one hundred percent (100%) of the replacement cost of the physical structures related to the Project. Net proceeds received from this policy shall be used to repair, reconstruct or replace the damaged Capital Improvement. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The final terms shall be subject to the approval of the Council of the City of Virginia Bench. 20 16.5 COMMERCIAL GENERAL LIABILITY INSURANCE Commercial general liability insurance shah be obtained and maintained during the entire term of the Lease at limits not less than two million dollars ($2,000,000) combined single limits per occurrence. Such insurance shall include contractual liability, products' liability coverage and automobile liability insurance covering aH owned and non-owned licensed vehicles operated by the Lessee's agents and/or empioyc~_, at limits not less than one million dollars ($1,000,000) combined single limits per occurrence. 16.6 EFFECTIVE DATES The insurance required under this Section shall become effective prior to the commencement of any construction related to the Project, except for the insurance required pursuant to the Ali Risk Property Insurance requirements in Paragraph 16.4, which shall become effective upon the completion of the Project and upon the termination of the Builders Risk Insurance requirements of Paragraph 16.3. 16.7 INSURED All insurance policies required by this Section shall name Lessee as the Insured and the City as an additional insured. 16.8 NOTICE Lessee shah give the City thirty (30) days written notice prior to the cancellation or termination of, or material change to, any of the insurance policies required under this Section. SECTION 17 INDEMNIHCATION 17.1 BY LESSEE Lessee agrees to indemnify, defend and save the City, its employees, agents and assigns harmless from any liability, loss, cost, expense or claim of any nature on account of any damage to person or property arising out of the failure of the Lessee, or Lessee's agents, employees, servants, licensees or contractors, in any respect, in regard to the occupancy, NOTE: This proposed Lease is a draft copy of the Lease A~reement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the C~ of Virginia Be~ch. 21 operation, use and maintenance of the demised property (other than common areas under the exclusive control of the City) and perform aH of the requirements and provisions of this Lease. The City shah give Lessee prompt notice of any obligations arising hereunder and Lessee shah have the duty to defend, settle or otherwise compromise any such claim. 17.2 BY CITY City will indemnify Lessee for (i) any HabHity, damages and expenses resulting from any undetected pre-existing enviromnental condition(s) on the Site related to hazardous waste; and (ii) any clean-up costs related to any such undetected pre-existing environmental conditions. SECTION 18 EVENTS OF DEFAULT 18.1 EVENTS OF DEFAULT BY LESSEE The following events will constitute events of default by the Lessee under the Lease: 1. If Lessee shah ~e for protection under federal bankruptcy laws; 2. If Lessee makes any assignment of the Lease for the benefit of creditors, other than as permitted under Section 8 hereof; 3. If Lessee abandons the Site; ® ff Lessee fails to (i) pay Lease Payments when due; or (ii) fulfill any other monetary obligation in connection with the Lease, and Lessee fails to cure such payment default within 30 days after written notice from City to Lessee of such monetary default; and If Lessee fails to materially perform any of its non-monetary obligations under the Lease as and when required, and Lessee fails to cure such non-monetary default within 60 days after written notice from the City of such non-monetary default; If Lessee closes the facility to the public for more than seven (7) days in any calendar month without written consent of the City, whose consent shaw not be unreasonably withheld for closures due to required maintenance and repair. NOTE: Thh proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shah be subject to the approval of the Council of the City of Virginia Beach. 7. If Lessee fails to comply with the environmental compliance and/or indemnity provisions set forth in Section 13 of the Lease. 18.2 EVENTS OF DEFAULT BY CITY The following events will constitute events of default by the City under the Lease: If City fails to materially perform any of its monetary or non-monetary obligations under the Lease as and when required, and the City fails to cure such non-monetary default within 60 days after written notice from Lessee of such non-monetary default. Provided however, as concerns, obligations which are subject to review and approval by regulatory agencies (including but not limited to wetlands mitigation), the City shall be in default only if it fails to perform such obligation(s) within a reasonable period of time. SECTION 19 19.1 CITY'S REMI~IES Upon the occurrence of an event of default (as def'med in Section 18 hereof) by Lessee, the City may elect to terminate Lessee's right of possession by terminating the Lease; and/or seek any or all remedies as provided at law or in equity. If Lessor elects to continue the Lease and so informs Lessee in writing, Lessor will retain the right to recover rent and all other payments at such time as they become due under this Lease. If Lessor elects and with written notice declares the Lease to be terminated, it may immediately enter into and upon the land covered by this Lease, or any part thereof, and repossess the same, including any and all improvements and installed f'Lxtures, and expel the Lessee to those claiming under the Lease, and remove its effects, forcibly if necessary, without being deemed guilty of any manner of trespass and without prejudice to any other remedies which might otherwise be used for possession or for arrears of rent. In such event, Lessor may obtain another Lessee for the premises, for the same purpose as stated in this Lease. In the event the City elects to terminate the Lease, City may enter onto and repossess the Site, including the Capital Improvements. In such event, the City may obtain another lessee for the Site. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shah be subject to the approval of the Council of the City of Virginia Beach. 23 In the event Lessee fails to fully comply with any of the provisions of this Lease or should Lessee fail to comply with any federal, state, and municipal laws, ordinances, regulations and easements relating to the demised property or the business conducted thereon, or in the event Lessee is Hquidated, or in the event the property is deserted or abandoned for a period of thirty (30) days or more, the City shah have the right, in addition to aH of the rights and remedies provided by law or equity, after f'dteen (15) days written notice by certified mail to Lessee addressed to: , to reenter the premises peacefully or by force and to retake possession thereof and to terminate this Lease. In the event of such termination, the City may attempt to relet the premises in whole or in part for the unexpired portion of the term hereof and if the property is relet during said term or portion of said term, Lessee shah be obligated to reimburse the City for any difference between the rent payable hereunder and that collected by the City by such reletting. If the City is unable to satisfactorily relet the demised premises, Lessee shah be liable for all rents and sum~ as referenced in Section 5 hereof. Failure by the City in any one or more instances to insist upon the strict observance of any term, covenant, condition, or provision of this Lease shail not be deemed a waiver of any such term, covenant, condition or provision. 19.2 LESSEE'S REM~.DIES Upon the occurrence of an event of default (as deemed in Section 18 hereof) by City, Lessee may elect to (i) terminate the Lease without any Hability whatsoever to pay future rent or the payments due under the Lease; (il) seek any or ali remedies as provided at law or in equity; and/or (iii) require City to make payment to Lessee an amount equal to the lesser of a) the fair market value of Lessee's leasehold improvements to the site or b) the depreciated value, according to generally accepted accounting conventions but not to exceed a thirty (30) year straight line basis, of Lessee's leasehold improvements. If Lessee elects to terminate the Lease in accordance with the provisions of this Section, aH right, title, and interest to Lessee's leasehold improvements shah inure to the City. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and followiaz negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Vir~inla Beach. SECTION 20 VOLUNTARY TERMINATION OF THE LEASE 20.1 BY CITY OR LESSEE Lessee and City shah each have the option to terminate the Lease without penalty upon the occurrence of the following events: 1. Lessee is unable to procure commitments for financing (subject to conditions, including f'mal permitting) the Project within 90 days of the date of execution of the Lease; 2. Lessee fails to initiate construction of the Project and make significant progress thereon within 120 days of the date of execution of the Lease; and 3. If within thirty (30) days after written notice from the City, Lessee fails to comply with the construction time table included in the Design; and 4. City, as permittee, and Lessee are unable to procure the necessary permits and approvals relating to the Project; and 5. City and Lessee cannot jointly approve the Design, as required by Paragraph 3.2 hereof; 20.2 BY LESSEE Lessee shah have the option to terminate the Lease without penalty upon the occurrence of the following events: 1. If during the initial term of this Lease, City does not or is unable to provide access to a water source as identified in Section 22 hereof; 2. If within 12 months of the date of execution of the Lease, the land cannot be utilized for a golf course, due to environmental reasons; and 3. If within 6 months of the date of execution of the Lease, the City and Lessee determine the probability of procuring final permitting and approvals is extremely doubtful. NOTE: This proposed Lease is a draft copy of the Lease A~reement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and folk)wing negotiations with the acceptable bidder. The t'mal terms shall be subject to the approval of the Council of the City of Virginia Beach. 20.3 BY CITY Should Lessee fail to comply with the construction time table included in the Design, City Manager shah notify Lessee in writing of such deficiency. If Lessee fails to correct such deficiency within thirty (30) days of receipt of such written notice, City shall have the option to terminate the Lease without penalty. SECTION 21 WAIVER OF DEFAULT Any waiver of a particular event of default or breach of the Lease by City or Lessee, as the case may be, shah not be construed to be a continuing waiver of such event of default or breach, nor as a waiver of any other or subsequent event of default or breach. SECTION 22 WATER AVAILABILITY The City shall provide a water source in a manner and in amounts as referenced on the attached "Grant Of Water And Relocation Of Easement For Irrigation Of A Public Goff Course," recorded in Deed Book 3304, at page 2088, in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, attached hereto and incorporated herein by reference. SECTION 23 MISCELLANEOUS PROVISIONS 23.1 SECTION AND PARAGRAPH HEADINGS Section and Paragraph headings are solely for the convenience of the reader and do not form an operative or substantive portion of the Lease. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The final terms shall be subject to the approval of the Council of the CRy of Vh?.lnia Beach. 26 23.2 LESSEE'S . ASSIGNEE Unless otherwise specified, any reference herein to Lessee and aH covenants, conditions, and agreements of this Lease shah apply to and be binding upon the Lessee and its respective heirs, executors, admin[~trators, legal representatives, successors, sublessees, Hcensees, and assigns (when sublease, Hcense, or assignment is made in accord with the provisions hereof) as if they were in each case fully named and stated. 23.3 EQUAL E.M~LOYMENT During the performance of this Lease, Lessee agrees as follows: ae Lessee and its assigns, sublessees, vendors, and/or licensees as provided in Section 7 of the Lease shah not discriminate against any employee or applicant for employment because of race, religion, color, sex, national origin, or handicap except where religion, sex, national origin, or handicap is a bona fide occupational qualification reasonably necessary to its normal operation. Permittee agrees to post in conspicuous places, available to employees and applications for employment, notices setting forth the provisions of this nondiscrimination clause. b. Lessee, in all solicitations or advertisements for employees placed by or on behalf of Grantee, shah state that such Grantee is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule, or regulation shah be deemed sufficient for the purpose of meeting the requirements of this section. 23.4 EASE3iENTS This Lease is subject to aH easements, covenants and restrictions across or touching and concerning the premises of record in the office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia. 23.5 DISPUTES AND RENEGOTIATIONS Disputes and renegotiations with respect to interpretation of any part of this Lease shah be resolved by the Director of F'mance, who shall provide the decision in writing and mail or otherwise furnish a copy to the Lessee. This decision shah be f'mal and binding unless, within thirty (30) days from the date of such decision, the Lessee mails or delivers a written NOTE: This proposed Lease is a draft copy of the Lease A~reement contemplated for approval by City Council Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Virginia Beach. 27 appeal addressed to the City Manager, who shah decide such appeal within fifteen (15) days. The decision by the City Manager shah be final and binding unless, within ten (10) days from the date of receipt of the decision of the City Manager, appeal is made to the City Council of the City of Virginia Beach. The decision of the City Council shah be final and binding unless set aside by a court of competent jurisdiction. Pending a f'mal determination of a properly appealed decision of the Director of Finance, Lessee shah proceed diligently with the performance of the Lease in accordance with that decision. 23.6 NOTICES Any notice which may be or is required to be given pursuant to the provision of this Agreement shah be delivered or sent by certified mall, postage prepaid, return receipt requested, and addressed as follows: If to Owners, to: With copy to: # If to City, to: James K. Spore City Manager Municipal Center Virginia Beach, Virginia 23456 With copy to: David S. Hay, Esquire City Attorney's Office Municipal Center Virginia Beach, Virginia 23456 23.7 PARTIAL INVALIDITY If any section, paragraph, subparagraph, sentence, clause or phrase of this Lease shah be declared or judged invalid or unconstitutional, such adjudication shah not affect the other sections, paragraphs, subparagraphs, sentences, clauses or phrases. 23.8 NO PARTY D~MED DRAFTER The parties hereto agree that no party shah be deemed to be the drafter of this Lease and that in the event that this Lease is construed by a court of law, such court shah not construe this Lease or any of its provisions against any party as the drafter of this Lease. NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following ne~otlatlons with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Vir~inla Beach. 28 23.9 ENTIRE AGREEMF~NT The Lease, Invitation to Bid, any addenda, and Bidder's accepted Bid response comprise the entire understanding of the City and Lessee as of the date of the Lease. Any other prior written or oral agreements between the City and Lessee, if any, are hereby declared null and void. 23.10 GOVERNING LAW The Lease shall be governed by the provisions of Virginia law. WITNESS the following signatures and seals on the month, day and year f'wst above written: CITY OF VIRGINIA BEACH (SEAL) ATTEST: BY City Manager/Authorized Designee of the City Manager Ruth Hodges Smith City Clerk LESSEE: (SEAL) ATTEST: BY President Secretary NOTE: This proposed lease is a draft copy of the Lease A~reement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Vir~inla Beach. 29 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that , City Manager/Authorized Designee of the City Manager, whose name is signed to the foregoing ,1994, has acknowledged the same writing, bearing date the __ day of before me in my City and State aforesaid. Given under my hand this __ day of ,1994. My Commt~aion Expires: Notary Public STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: I, , a Notary Public in and for the City and State aforesaid, do hereby certify that RUTH HODGES SMITH, City Clerk, whose name is signed to the foregoing writing, bearing date the __ day of ,1994, has acknowledged the same before me in my City and State aforesaid. Given under my hand this day of ,1994. My Commlanion Expires: Notary Public NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The final terms shah be subject to the approval of the Council of the City of Virginia Beach. 3O STATE OF CITY OF , to-w|t: State aforesaid, do hereby certify that .. on behalf of writing, bearing date the __ day of before me in my City and State aforesaid. Given under my hand this __ day of , a Notary Public in and for the City and , whose name is signed to the foregoing , 1994, has acknowledged the same ,, 1994. Notary Public My Commi~ion Expires: STATE OF CITY OF , to-wit: State aforesaid, do hereby certify that on behalf of writing, bearing date the __ day of before me in my City and State aforesaid. Given under my hand this __ day of Notary Public in and for the City and , whose name is signed to the foregoing , 1994, has acknowledged the same 1994. Notary Public My Comml~ion Expires: NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Virginia Beach. 31 EXHIBIT A DESCRIPTION OF THE SITE NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The f'mal terms shall be subject to the approval of the Council of the City of Virginia Beach. 32 EXHIBIT B CONDITIONAL USE PERMIT NOTE: This proposed Lease is · draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and followin~ negotiations with the acceptable bidder. The f'mal terms shah be subject to the approval of the Council of the City of Virt. inia Beach. EXHIBIT C GRANT OF WATER AND RELOCATION OF EASEMENT FOR IRRIGATION OF A PUBLIC GOLF COURSE NOTE: This proposed Lease is a draft copy of the Lease Agreement contemplated for approval by City Council. Additional terms may be added and existing terms may be modified based upon the accepted bid proposal and following negotiations with the acceptable bidder. The t'mal terms shall be subject to the approval of the Council of the City of Virginia Beach. EXHIBIT A KEY ELEMENTS OF THE LEASE AGREEMENT 1. 30 year initial term, with option for Lessee to renew for additional 10 years. 2. Lessee will: Obtain financing within 90 days (approximately $5 million) Finance project with a combination of equity and debt. Use either Hale Irwin or P.B. Dye as golf course architect. Design and construct golf course. Begin construction Fall 1995 (assuming permitting, etc. in place). Open course in Spring 1996 (estimated). Be responsible for environmental risks associated with the course, if any. Provide discounts to holders of Virginia Beach City Golf Card. 3. City will: Ensure water availability. Assist in permits. Review fees and tournament schedules. In the event of default by Lessee, city may repossess the land including improvements, may operate the course, or may obtain another lessee. Depending on final terms regarding security risks, the city may have some responsibility for debts, but not equity investment. 5. Risks to the city: If Lessee is not able to secure financing, construction of the golf course will be delayed. If Lessee terminates due to insolvency, city may be required to operate course or obtain new Lessee and to work with bank regarding security interest. ACTION STEPS 4. 5. 6. Council awards Lease. City Manager negotiates final terms of lease that are substantially as set forth in draft. Lessee obtains financing. Lessee designs course. Lessee constructs course. Opening in 1996. .t~2ss EXHIBIT B SUMMARY OF BRASSIE GOLF CORPORATION ('Brassie') Brassie is a publicly traded capital stock corporation, presently with 220 employees. It was organized in 1988. Although the firm is headquartered in Southport, N.C., a number of its principals are Canadian and the firm is listed on the Toronto Stock Exchange. Brassie was formed by Gordon D. Ewart, P.B. Dye, and Allen Jefferson for the purposes of acquiring, constructing, and operating a portfolio of high quality golf courses targeted at the daily fee player. Under the name of "The Gauntlet", Brassie presently fully owns and operates six (6) golf courses located as follows: Myrtle Beach, SC Greenville, SC Southport, NC Orlando, FL (two courses) Corpus Christi, TX In addition, a seventh "The Gauntlet" course is presently under construction in Stafford County, VA under circumstances identical to those existing in Virginia Beach--i. e., Brassie obtained financing, designed (P.B. Dye), and is constructing the golf course at its sole expense on county-owned property under a long-term lease agreement. Of particular significance are the golf course design and management components of the Brassie team. "The Gauntlet" courses constructed by Brassie are designed by either P.B. Dye or Hale Irwin Golf Design, a wholly owned subsidiary. All "The Gauntlet" courses are managed by Hale Irwin Golf Management, again a wholly owned subsidiary. (The Hale Irwin group also manages courses outside the Brassie family.) Of course, Hale Irwin is one of the most successful and well known PGA Tour professionals. A touring pro since 1968, he has played in hundreds of tour events in the U.S. and abroad and is presently among the top 15 ail-time money winners in PGA Tour history. Hale has earned 19 PGA Tour victories, including three U.S. Open championships. Brassie's business plan includes an on-going expansion of its portfolio of "The Gauntlet" courses through both construction of new courses and acquisition of presently existing quality facilities. At each of its courses, Brassie offers "Master Memberships". Holders of these memberships enjoy special playing privileges at each of "The Gauntlet" courses. This encourages such members to travel to the different course locations, a factor which should complement the city's tourism objectives. attachments: Excerpts from Brassie Bid Package BRASSIE GOLF CORPORATION THE GAUNTLET AT VIRGINIA BEACH CITY OF VIRGINIA BEACH~ VIRGINIA EXECUTIVE SUMMARY FACILITY: MANAGEMENT: OPERATIONAL pLAN: Includes 18 hole Gauntlet Golf Club, designed by Mr. P.B. Dye or Mr. Hale Irwin. Full service Clubhouse with teaching facility/video room Driving range with large practice area including Putting, chipping, grass and sand bunker practice area Pre-engineered maintenance building complete with equipment purchased for maintenance Minimum of 75 golf carts for 18 holes - new Club Car electric with cart storage under Clubhouse Facility part of the Gauntlet family of clubs and all relative privileges provided City of Virginia Beach gets to boast a Gauntlet Golf Club designed by Mr. Dye or Mr. Irwin at no cost to the City, Open in the Fall of 1995 - Construction commencement Fall of 1994 Management by Brassie Golf Corporation, a well funded publicly traded company, whose financial institution is NationsBank Experienced Club Managers/Owners and Operators presently owning and operating six (6) facilities with one under construction in Stafford County, Virginia under a Lease Agreement with the County, as well as Managing six (6) other independently owned golf courses and one learning'centre through one of it's wholely owned subsidiaries Hale Irwin Golf Services, Inc. A facility that the City can be proud of, designed by a world class architect and operated by Brassie Golf Corporation and the Gauntlet Golf Clubs A facility that will be owned by the City of Virginia Beach You are always a "member" at a Gauntlet facility To provide the highest level of golfing experience to the daily fee player for a reasonable rate A well financed parent company, publicly traded, with the ability to ensure no financial liability to the City and the ability to complete the project in a timely manner Financial benefits to the City of $25,000 on Opening Day - $25,000 on 1st Anniversary and 5% of audited "pre-tax income" for remainder of lease term Management and owners who have successfully reduced debt through operations by over 1.5 millio.n in less than 2 years at Head Office Location - Gauntlet at St. James Plantation Allen F. Jefferson President II ~3~N~GEMENT OVERVI~ ~ENE~%L INFORMATION ~ NAME OF FIRM: Brassie GOlf Corporation The Gauntlet Golf Clubs ~DDRESS~ St. James Plantation Highway 211 Southport, NC 28461 P. O. Box 10040 Southport, NC 28461 NAME OF OWNER: Corporation publicly traded on Toronto Stock Exchange (TEE) Major Shareholders: Gordon Ewart - Chairman & C.E.O. & Director Robert G. Atkinson - Vice Chairman & Director Allen Jefferson - President Brassie Golf Development & Director P. B. Dye - Executive Vice President & Cambridge Growth Fund Criterion Management (TransAmerica Corp.) Arnold Corporation Richard Stahlhuth, President Brassie Golf Corporation & Director Hale Irwin, PGA Professional, Director RESUME: Gordon D. Ewart Chairman An experienced entrepreneur with an established repurtation for financial success. Prior to creating Brassie, Mr. Ewart formed and operted Paramount Funding Corporation, a $100 million merchant bank providing financing to junior Canadian corportions. In addition, Mr. Ewart has been a Director and senior officer of a major Canadian investment dealer, specializing in institutional coverage. Robert G. Atkinson Vice Chairman Presently, Chairman of BridgeBank Partners, a Vancouver, B.C. capital group organized in 1991 to make equity investments in expansion stagemiddle . market companies. Prior to forming BridgeBank Partners, Mr. Atkinson was a Vice President and Director of Gordon Capital Corporation (1990-1991), a major Canadian investment dealer, and President & CEO of Loewen Ondaatje McCutcheon Inc. (1972-1990), a leading Canadian investment dealer specializing in financing emerging growth companies. Mr. Atkinson is currently an active Director -bf Trimin Enterprises Inc., a $140 MM publicly-traded manufacturing and venture capital firm based in Toronto. Richard Stahlhuth President Mr. Stahlhuth is responsible for the day to day management of HIGSI and Brassie Golf Corporation. He has been directly involved in golf course financing and management since 1975. Rich Stahlhuth holds a BA degree (1972) from Southern Methodist University and a JD (1975) from the University of Missouri-Columbia School of Law. He has practiced law since '1975 in the disciplines of corporate, tax, trust and estate, and real estate. Rich was the co-founder, with Hale Irwin, of Hale Irwin Golf Services and their Cheif Executive Officer. Hale Irwin Director, PGA Tour Pro Design Architect Hale Irwin has been a PGA TOUR Professional since 1968. He has played in hundreds of professional and pro-am golf tournaments around the world. One of the top fifteen all-time money winners in the history of the PGA TOUR and top twenty all-time money winners in the world, Hale has earned nineteen PGA TOUR victories including three U.S. Open championships (1974, 1979, 1990). In addition to winning the 1967 NCAA Championship, Hale has been a member of the U.S. World Cup Team (1974-1979), the U.S.A. Team vs. Japan (1983), and the U.S. Ryder Cup Team (1975, 1977, 1979, 1981 and 1991). Hale is directly involved in golf course planning, design, development and promotion, as well as, holding a BA degree (1968) in Marketing from the University of Colorado. Allen F. Jefferson President & Director Brassie Golf Development The overall managment of the Golf Development Company is under the direction .of Mr. Jefferson, whose nine years of real estate development and construction management experience have made him uniquely qualified for the cost effective development and initial operation of Brassie's first three courses. Prior to joining Brassie, Mr. Jefferson was President of a land development consulting firm (1990-1991), specializing in office, residental and commercial development. During this tenure as a planning and management consultant, he was directly responsibile for the marketing, sales design and development of over 375,000 square feet of new inventory, as well as the sub-division of over 200 acres in residential land projects. Mr. Jeffeson was Vice President for a private Toronto based real estate developer (1986-1990), responsible for the planning, marketing, management and development of the company's projects. P.B. Dye Executive Vice President Course Design and Construction Mr. Dye, a renowned golf course architect in his own right, is the son of Peter Dye one of the world's foremost golf course designers. P.B. and Pete Dye have collaborated to design six of the top fifty and ten of the top 100 golf courses in America, as reported in Golf Digest's annual rankings. Years of working with his father have ingrained in P.B. the unique characteristics which have made Dye courses famous. Dye courses are imaginative and innovative tests of golf and are constantly in demand by the golfing public. P.B. Dye has been engaged in the field of golf course architecture and construction for over 20 years and has for his own account, constructed in excess of 25 courses inclduing Loblolly Pines Golf Club in Jupiter, Florida; the Moorland Course of the Legends, Myrtle Beach, South Carolina, which was cited by Golf Digest (january 1992) as one of the top five public courses in 1991; Long Cove, Hilton Head,' S.C.; Fisher Island, Miami Beach, Fla. and Harbour Ridge in Stuart, Fla. and the Gauntlet Clubs in North and South Carolina, and Virginia. e DAT~ COMPANY ESTABLISHED: CURRENT NUMBER OF EMPLOYEE~: 1988 220 BRASSIE' GOLF CORPORATION Corporate Management Structure BRASSIE GOLF CORPORATION BOARD OF DIRECTORS Robe, r1 Alkinson, William Acldnson, Gordon Ewart, Hale Irwin, Allcn Jcffcrson, Richard Stahlhu~h EXECUTIVE coMMITTEE l Rob~r~ Atkin~on. P.B. Dyc. Gordon Ewart, Allc~n Jc~fcr~on. Richard Stahlhu~h ~ Richard J. Stahlhuth ~ ............... I I ! Brassie Development Allen F. Jefferson President Hale Irwin Golf Design Patrick J. F~ster Sr. Vice President Market and Sdl: · Hale Irwin C~f Cour~ I~-~i~n · F, ngle Golf Cour~ Dcslln · H~e Irwin Golf Leernln~ Cent-es Hale Irwin Golf Management John H. Paul Sr. Vice President · Hai~ ~ C~If Manag~nent · Ae~unSn~ C. amq~ul~ nnd · Mnt~t~ln~ . B. EXPERIENCE: COMPANY OVERVIEW Brassie Golf Corporation ("Brassie") is in the business of acquiring, constructing and operating a diversified portfolio of high quality golf courses targeted at the fastest growing segment of the golfing market today - the daily-fee player. Brassie was organized in 1988 by Gordon D. Ewart, P. B. Dye and Allen Jefferson to assemble a team of business people with golf management and development experience. Under the name-of "The Gauntlet", Brassie has completed'two golf courses, the Gauntlet at St. James, Southport, North Carolina, and the Gauntlet at Laurel Valley, Greenville, South Carolina. The Company has completed the acquisition of its third course, late in 1993, The Gauntlet at Myrtle West, North Myrtle Beach, South Carolina and early in 1994 completed its acquisition of additional courses, two in Florida and one in Texas. Brassie anticipates constructing and/or acquiring two to four additional courses in each of the next four years. Brassie's proven golf course management skills have been complemented by the Company's ability to attract both senior debt (NationsBank) and equity financing at advantageous terms on a project-specific basis. The Company's efforts are focused exclusively in the U.S. southeast where demand for quality daily-fee golf continues to exceed the growth in new facilities. Brassie's courses carrying "The Gauntlet" signature, feature World Class Architects, and are differentiated from the competiton by virtue of the Company's reputation for efficient and friendly service, the condition and integrity of its courses and the Company's ability to offer a private Country Club atmosphere to the public on a daily-fee basis at reasonable prices. In July, 1993, Brassie became publicly traded on the Toronto Stock Exchange (Sym: "TEE") and has witnessed a steady climb of it's share price from $1.60 to in excess of $6.00. Application has been submitted for the trading of Brassie shares on NASDAQ with an anticipated approval date of late 1994. The company represents one of the only liquid alternatives to participating in the dramatic growth in daily-fee golf courses. Brassie's significant cash flow results from its proven golf development and operating expertise, and below-market cost basis for individual courses. The company continues to implement its strategy by capitalizing on a trend in public golf course development whereby residential golf course community developers and municipalities, often unable, or unwilling in the case of a municipality, to obtain debt financing for the golf course component of their development, are providing significant incentives to a limited group of golf course developers with credible financial strength and access to "designer label" architects. In addition to the development of new courses, Brassie has and will continue to acquire existing courses whose owners, typically financial institutions (often in conjunction with RTC) seek to sell the courses to financially qualified buyers, such as Brassie, with access to capital and competent course managers. It is Brassie's stated intention to acquire such assets at a deep discount to their current replacement cost. Further, the Company pursues third party management situations where there are opportunities to benefit from economies of scale and use of "The Gauntlet" name and the services of its subsidiary, Hale Irwin Golf Management. To further enhance its reputation, management, and marketing and design abilities, Brassie has acquired 100% of Hale Irwin Golf Services, Inc. ("HIGSI"), an international golf course design, development and management company based in St. Louis, Missouri. The company was founded by Hale Irwin, PGA Tour professional and golf course designer and by Richard Stahlhuth, golf course owner and developer. During the past six years, the company has completed numerous design projects for country club, resort, municipal and public courses, located across fourteen states and in Japan. There are currently 7 design projects in the works at various stages of development and HIGSI has identified 14 other active prospects. HIGSI is currently designing the following 7 courses: · · · · · · · Cordillera - Edwards, Colorado The Meadowlands - Winston-Salem, NC Waterford Golf Club - Rock Hill, SC Panther Creek Country Club - Springfield, Illinois Valley Ranch Golf Course - Sun Valley, Idaho Snowcreek Resort - Chelan, Washington Cerro Plato - San Jose, California HIGSI's expertise in the design field is complemented by its experience in the business of course management. It currently manages seven golf facilities. The company has developed a state- of-the-art computer system for cash and inventory control, time management to monitor course operations on a daily basis, prowiding clients with comprehensive "real-time" information. Brassie has also acquired Hale Irwin Golf Learning Centers, a company created to pursue a progressive design and development strategy for the American gol~ practice facility of the future. The Learning Center,s concept is to provide a more professional and all- encompassing golf teaching and practice facility. The company's focus is on creating a distinctive atmosphere emphasizing issues such as etiquette, club selection and mental preparedness, in addition to the usual topics such as swing mechanics. The National Golf Foundation predicts the country will experience a continued increase in demand for alternative "up-market" practice facilities for the foreseeable future and this acquisition provides Brassie a complementary diversification to its core golf course development and management business. Hale Irwin Golf Services, Inc. ("HIGSI") currently manages the following 6 golf courses and the W.I. Learning Centre (all the following 6ourses are located in the St. Louis area unless otherwise notes): · · · · · · 'Cottonwood Golf Club, Inc. Fourche Valley Public Golf Association The Links Course, Highlands Ranch, Colorado Lakewood Golf Club The Legacy Golf Course, Granite City, Illinois Quail Creek Golf Course Brassie's designer label golf courses, featuring P. B. Dye and Mr. Hale Irwin as the course architects, have initially been targeted in locations in the southeastern United States where: (i) the region's temperate climate and extended playing season result in a high number of golf rounds played; (ii) essential population demographics provide more than an ample supply of golfers; (iii) developments of planned residential communities are continuing and are a key element to Brassie's strategy of land acquisition; and (iv) the region's relatively long growing season is conducive for accelerating a golf course's development, which is approximately 12 to 18 months from ground breaking to full course operation. BRASSIE GOLF CORPORATION HAS SIX OPERATING SUBSIDIARIES: I THE GAUNTLET AT ST. JAMES, INC. -AN 82% OWNED NORTH CAROLINA CORPORATION WHICH OWNS THE FACILITY IN SOUTHPORT, N.C. The Gauntlet at St. James is a 200 acre, 18 hole, semi-private golf course located in the 6,000 acre .St. James Plantation real estate development, which is 30 miles south of Wilmington, North Carolina and 35 miles north of Myrtle Beach, South Carolina. The golf course was designed by P.B. Dye, an internationally recognized golf course architect. Amenities include a 16,000 square foot clubhouse, a swimming pool and two tennis courts with a separate tennis pro shop. Brassie commenced construction of this course in October 1990 and full service revenue play began in October 1991. The course generated 30,500 rounds in its first 12 months and 41,000 rounds in the year ending Dec 31, 1993. The Gauntlet at St. James serves two separate client bases: the golf vacationer during the months of September through November and March through May, and local players during June II through August and December through February. Brassie receives approximately 60% of its annual golf course revenues from the Myrtle Beach tourist trade, with the balance of revenues drawn from the local resident population. The Gauntlet at St. James was originally financed in October 1991 with a NationsBank first mortgage loan of $3,750,000 due in September 1995. The loan balance presently sits at less than 2.2 million. THE GAUNTLET AT LAUREL VALLEY, INC. - A 75% OWNED SOUTH CAROLINA CORPORATION WHICH OWNS AND OPERATES THE FACILITY AT GREENVILLE, SOUTH CAROLINA. The Gauntlet at Laurel Valley is a semi-private, daily-fee, 18 hole, championship P.B. Dye designed golf course located in Greenville, which is 22 miles from Spartanburg, South Carolina. Brassie commenced construction of this course in January 1992 and opened for full revenue play in April 1993. The Gauntlet at Laurel Valley includes a 4,500 square foot clubhouse with restaurant, pro shop, member's lounge and cart storage facility. A swimming pool and tennis courts will be constructed simultaneous with the contiguous residential land development. The course has received fantastic reviews to date including hosting the 1st Annual Greenville Chamber of Commerce Tournament which saw in excess of 250 players participate along with The North Greenville College Fund Raiser which gave away a Truck for "Closest to the Pin"! The course has played 26,000 rounds as at Dec 31, 1994. The Gauntlet at Laurel Valley draws its golfing clientele primarily from the Greenville-Spartanburg metropolitan area. The Gauntlet at Laurel Valley was originally financed in November, 1991 as follows: III THE GAUNTLET AT MYRTLE WEST, INC. - A 75% OWNED SOUTH CAROLINA CORPORATION WHICH OWNS THE FACILITY IN NORTH MYRTLE BEACH, SOUTH CAROLINA. The Gauntlet at Myrtle West is an existing daily-fee, 18 hole golf course centrally located in North Myrtle Beach, South Carolina designed by Tom Jackson best known for his design of the Cliffs of Glassey, located in Greenville, South Carolina. The golf course currently exceeds 41,000 rounds per year. The acquisition of the Gauntlet at Myrtle West was financed with a term loan from NationsBank and equity from Brassie Golf Corporation. IV V VI THE GAUNTLET AT WEDGEFIELD, INC. - Orlando', Florida The Gauntlet at Wedgefield is a semi-private, 18-hole, 6,700 yard championship golf course located 24 miles east of Orlando, Florida. The course is a central feature of Wedgefield, a 6,000 acre master planned community. The Club features a 9,280 sq. ft. full-service clubhouse and includes a swimming pool and two tennis courts. The course is rated among the finest in the central Florida region. An annual average of 55,000 rounds are played by a balanced mix of members, local-area resid~h'~S, seasonal residents and tourists. THE GAUNTLET AT PALISADES, INC. - Orlando, Florida The Gauntlet at Palisades is a semi-private, 18-hole championship golf course located 20 miles northeast of Orlando, Florida. Completed in 1991, the course is a challenging 7,000-yard test of golf designed by renowned architect Joe Lee. Located on the same site as an historic 1920's golf course, Palisades takes full advantage of what is widely considered one of the finest course sites in central Florida. The course is the focal point of an up-scale 500 unit residential community. A spacious "old Florida" styled clubhouse with a full compliment of amenities is designed to be constructed next to the present 3,500 sq. ft. temporary clubhouse. THE GAUNTLET AT NORTHSHORE, INC. - Corpus Christi, Texas The Gauntlet at NorthShore is a semi-private, 18-hole championship golf course located 8 miles west of Corpus Christi, Texas. Completed in 1985, the course is a Hagge/Devlin-designed layout, that runs a challenging 6,800 yards in length. Several holes run along the Golf of Mexico making the course unusually scenic. The Club features a two- story, 36,000 sq. ft. full-service clubhouse, olympic-size swimming pool, six tennis courts among many other amenities. NorthShore is situated within a 381-acre master planned residential development. EXHIBIT C SUMMARY OF DIRECT TAX IMPACTS AND LEASE REVENUE On an annual basis, the lease payments are graduated beginning with $25,000 when the course opens, increasing to 7% of pre-tax income (plus depreciation) in years 6 through 30, and 20% of gross revenues over $3.5 million. While difficult to project, annual revenues could be as much as $100,000 in those years: 1 $25,~0 2 25,000 3 5% of pm ~ 4 5% ~ pre ~ 5 5% of pre ~ 6 - 30 ~ of pre ~ 8upplemen~l Annual (% of gross revenue > ~,~0,~0) 20% 31 - 40 25%~0% of gross > ~,500,000 Over the 30 year initial-term, the city could receive lease revenues up to $2.7 million, depending on course profitability. Direct tax revenues are estimated at $117,000 annually, for a total of $3.5 million over 30 years. Greens fees admissions tax $54,975 $54,975 Driving range admissions tax 16,860 16,860 Pro shop local sales tax 3,315 3,315 Food & beverage local sales tax & meal tax 893 8,925 9,818 Gross receipts tax/BPOL 8,667 8,667 Goff cart rental local sales tax 3,534 3,534 Real estate taxes 19,533 19,533 Total $72,728 $43,974 $116,702 Does not include personal property taxes. The city's total investment in the golf course property is $1.8 million, with another $199,300 attributable to parks and improvements to Seaboard Road. Based on estimated taxes alone, payback of the city's golf course investment would occur in 15 years; including lease revenues, payback is 8 years. EXHIBIT D BIDS RECEIVED Bid Item #1880 - West Neck Creek/Seaboard Road Golf Course Closing Date: June 17, 1994 Blue T Golf, Inc. 14129 S Street Omaha, Nebraska 68137 Brassie Golf Corporation P.O. Box 10040 Southport, North Carolina 28461 Double Eagle Enterprises, Inc. 301 Bear Ridge Road Pleasantville, New York 10510 staff/2m~ Item III-H. 5. RESOL UTIONS/ORDINANCES ITEM # 38137 Upon motion by Vice Mayor Sessoms, seconded by Councilman Jones, City Council ADOPTED: Ordinance to TRANSFER $15,000 from General Fund Reserve for Contingencies to Department of Economic Development re joint marketing efforts with Forward Hampton Roads. Voting: 7-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Louis R. Jones, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert IC Dean and John D. Moss Council Members Absent: Paul J. Lanteigne and Nancy IC Parker June 28, 1994 1 2 3 4 5 6 AN ORDINANCE TO TRANSFER $15,000 FROM GENERAL FUND RESERVE FOR CONTINGENCIES TO THE DEPARTMENT OF ECONOMIC DEVELOPMENT TO INCREASE JOINT MARKETING EFFORTS WITH FORWARD HAMPTON ROADS 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 WHEREAS, in 1984, Forward Hampton Roads (FHR) was established as a division of the Hampton Roads Chamber of Commerce to handle regional economic development marketing for the five member cities of Chesapeake, Norfolk, Portsmouth, Suffolk, and Virginia Beach; WHEREAS, since FY 1991-92, the Department of Economic Development has made a commitment to FHR to provide up to $25,000 a year to support joint marketing efforts and to participate in foreign and domestic marketing trips and trade shows; WHEREAS, FHR is currently soliciting direct financial commitments of $20,000 each from the cities of Chesapeake, Norfolk, and Virginia Beach and $20,000 from the cities of Portsmouth and Suffolk in each of five fiscal years, beginning in 1994; and WHEREAS, it is recommended that the City of Virginia Beach continue the current practice of supporting joint marketing efforts to participate in foreign and domestic marketing trips and trade shows with Forward Hampton Roads with an increase in the annual limit from $25,000 to $40,000 with the additional $15,000 to come from the FY 1994-95 General Fund Reserve for Contingencies. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That City Council hereby authorizes the transfer of funds in the amount of $15,000 from the FY 1994-95 General Fund Reserve for Contingencies to the FY 1994-95 Operating Budget of the Department of Economic Development for the purpose of increasing support of the City's joint marketing efforts with Forward Hampton Roads. 34 35 36 37 adoption. This ordinance shall be effective on the date of its Virginia, on the 28 Adopted by the Council of the City of Virginia Beach, day of 3une , 1994. 38 39 40 41 CA-5630 ORDIN\NONCODE\FHR.ORD R-1 PREPARED: 06/22/94 DEPARTA%ENT Ai:"PROVED AS TO LEGAl AND J:ORM - 31 - Item III-H. 6. a. RESOL UTIONS/ORDINANCES ITEM # 38138 Upon motion by Vice Mayor Sessoms, seconded by Councilman Baton, City Council ADOPTED: Ordinance pertaining to the Compensation of the City Manager Increase salary Plus auto allowance Deferred Compensation Six Months Severance Memberships Annual Physical Car Phone $3,386 0%) to $116,246 $ 6,0O0 $ 7,$00 Voting: 8- 2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert IC Dean and John D. Moss Council Members Absent: Nancy IC Parker June 28, 1994 Item Ill-IL 6. b. RESOL UTIONS/ORDINANCES ITEM # 38139 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance pertaining to the Compensation of the City Attorney Increase salary Three Months Severance Memberships Annual Physical $2,500 0%) to $87,550 Voting: 9-1 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor W~lliam D. Sessorns, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: Nancy IC Parker June 28, 1994 Item III-H. 6. b.(2) RESOL UTIONS/ORDINANCES ITEM # 38140 Upon motion by Vice Mayor Sessorns, seconded by Councilman Branch, City Council ADOPTED: Ordinance pertaining to the Compensation of the City Attorney Auto Allowance $ 350 per month Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert IC Dean and John D. Moss Council Members Absent: Nancy IC Parker June 28, 1994 Item III-H. 6. c. RESOL UTIONS/ORDIN,4NCES ITEM # 38141 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance pertaining to the Compensation of the City Assessor Increase salary Three Months Severance Memberships Annual Physical $1,790.25 0%) to $~L484 Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: Nancy K. Parker June 28, 1994 Item III-H, 6. d. RESOLUTIONS/ORDINANCES ITEM # 38142 Upon motion by Vice Mayor Sessoms, seconded by Councilman Branch, City Council ADOPTED: Ordinance pertaining to the Compensation of the City Clerk Increase salary Three Months Severance Memberships Annual Physical $1,s21 0%) to $$2,2o7 Voting: 9-1 Council Members Voting Aye: John A. Baton, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert I~ Dean, Louis R~ Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: John D. Moss Council Members Absent: Nancy IC Parker June28,1994 1 2 AN ORDINANCE PERTAINING TO THE COMPENSATION OF CITY COUNCIL APPOINTEES 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 WHEREAS, City Council has evaluated the performance and compensation of its appointees; and WHEREAS, based on these evaluations, City Council has determined that certain adjustments in compensation arrangements are appropriate: NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That effective July 1, 1994, the following adjustments are hereby adopted: The salary of the City Manager is hereby increased in the amount of $3,386 to a level of $116,246 annually. The salary of the City Attorney is hereby increased in the amount of $2,550.00 to a level of $87,550.00 annually; and, a car allowance shall be provided in the amount of $350 per month. The salary of the City Clerk is hereby increased in the amount of $1,521 to a level of $52,207 annually. The salary of the City Real Estate Assessor is hereby increased in the amount of $1,790.25 to a level of $61,484 annually. 22 23 24 25 26 27 Adopted by the Council of the city of Virginia Beach, 28 June Virginia, on the day of , 1994. CA-5633 ORDIN~NONCODE~COMPENCA.ORD R-2 06/30/94 Item III-L PUBLIC HEARING ITEM # 38143 PLANNING Mayor Meyera E. Oberndorf DECLARED a PUBLIC HEARING on: PLANNING (a) CARROLL L. AND DIANA D. PALMER CONDITIONAL USE PERMIT (b) ST. MATTHEWS CATHOLIC CHURCH CONDITIONAL USE PERMIT (c) CRW, INC. RECONSIDERATION OF CONDITIONS (d) TIDEWATER REGIONAL GROUP HOME COMMISSION CONDITIONAL USE PERMIT (e) VIRGINIA BEACH CHURCH OF CHRIST CONDITIONAL USE PERMIT (f) DOUGLAS B. MUNDEN VARIANCE AND CONDITIONAL USE PERMIT (g) SOUTHERN RURAL AREA PLAN AMEND COMPREHENSIVE PLAN AMEND Sections 401, 402 405 re agricultural districts (h) CITY OF VIRGINIA BEACH CONDITIONAL USE PERMIT OCEANFRONT RESORT AREA CONCEPT PLAN VIRGINIA BEACH OUTDOORS PLAN June 28, 1994 - 37 - Item III-Ll.a. PUBLIC ~G ITEM # 38144 PLANNING Attorney R~ Edward Bourdon, Pembroke One Building, Fifth Floor, Phone: 499-8971 Upon motion by Councilman Lanteigne, seconded by Councilman Branch, City Council ADOPTED Odinance upon Application of CARROLl, L. and DL4NA D. PALMER for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF CARROLL L. & DIANA D. PALMER FOR A CONDITIONAL USE PERMIT FOR A HOME OCCUPATION (small engine repair) R06941901 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Carroll L. & Diana D. Palmer for a Conditional Use Permit for a home occupation (small engine repair) on the south side of Pleasant Ridge Road, 1087.50 feet east of Dawley Road. Said parcel is located at 1701 Pleasant Ridge Road and contains 4.057 acres. PUNGO BOROUGH. The Ordinance shall be effective in accordance with Section 107 09 of the Zoning ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~-eighth o_f June. Nineteen Hundred and Nineff_ -Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K~ Parker June 28, 1994 - 38 - Item III-L 1.b. PUBLIC HEARING ITEM # 38145 PLANNING Richard IC Stell, 219 66th Street, Phone; 428-5824, represented the applicant Upon motion by Councilman Clyburn, seconded by Vice Mayor Sessoms, City Council ADOPTED an Ordinance upon Application of ST. MATTHEWS CATHOLIC CHURCH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF ST. MATTHEWS CATHOLIC CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHURCH ADDITION R06941902 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of St. Matthews Catholic Church for a Conditional use permit for a church addition on property located 120 feet more or less north of the intersection of Sandra Lane and Trestman Avenue. Said parcel is located at 3314 Sandra Lane and contains 13.013 acres. KEMPSVILLE BOROUGH. The following conditions shall be required: 1. The required stormwater management system must be located outside the Resource Protection Area. The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twen~_ -eighth of June, Nineteen Hundred and Nine~_ -Four. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy 14. Parker June 28, 1994 - 39 - Item III-L l.c. PUBLIC HEARING ITEM # 38146 PLANNING Lucy Wade, 2765 Indian Pa'ver Road, Phone: 721-7223, represented CRW, Inc. Upon motion of Councilman Dean, seconded by Vice Mayor Sessoms, City Council APPROVED an Amendment to Condition No. 8 of the May 12, 1992, approved application of CRW, INC. for a Conditional Use Permit for a borrow pit: ORDINANCE UPON APPLICATION OF CRW, INC. OF CONDITIONAL USE PERMIT FOR ,4 BORROW PIT R05921429 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of CRW, INC. for a Conditional use Permit for a borrow pit on the south side of Indian River Road, 2860 feet more or less west of West neck Road. Said parcel is located at 2765 Indian River Road and contains 35.066 acres. PRINCESS ANNE BOROUGH. Condition No. 8 shall be Modified to read: ~,,,,~y ~.,~,~ Sixff (60) trucks per day shall be allowed. Voting: 10-0 Council Members Voting ,4ye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W.. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members ,4bsent: Nancy IC Parker June 28, 1994 Item III-L I.d. PUBLIC HEARING ITEM # 38147 PLANNING Attorney t~ Edward Bourdon, Pembroke One Building, Fifth Floor, Phone: 499-8971, represented the applicant and requested WITHDRAWAL. Upon motion by Councilman Brazier, seconded by Councilman Clyburn, City Council ALLOWED WITHDRAWAL of Ordinance upon Application of TIDEWATER REGIONAL GROUP HOME COMMISSION for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF TIDEWATER REGIONAL GROUP HOME COMMISSION FOR A CONDITIONAL USE PERMIT FOR A GROUP HOME Ordinance upon application of Tidewater Regional Group Home Commission for a Conditional Use Permit for a group home on the south side of Americus Avenue beginning at a point 350 feet more or less west of Birdneck Road. Said parcel contains 30,657.52 square feet. L YNNHA VEN BOROUGH. Voting: 9-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss and Mayor Meyera E. Oberndorf Council Members Voting Nay: None Council Members Abstaining: Vice Mayor William D. Sessoms, Jr. Council Members Absent: Nancy I~ Parker Vice Mayor Sessoms DISCLOSED and ABSTAINED pursuant to Section 2.1-639.14(G) of the Code of Virginia, he is an officer of Central Fidelity Bank earning in excess of $10,000.00 annually. Central Fidelity Bank has a loan with this property. June 28, 1994 Item III-L I.e. PUBLIC HEARING ITEM # 38148 PLANNING Commander Dwight Handforth, NAS OCEANA, Phone: 433-3309, registered in OPPOSITION. This site is located in a high noise zone and is not in keeping with A[CUZ guidelines. Upon motion by Councilman Brazier, seconded by Vice Mayor Sessoms, City Council DENIED an Ordinance upon application of VIRGINIA BEACH CHURCH OF CHRIST for a Conditional Use Permit for a church: ORDINANCE UPON APPLICATION OF VIRGINIA BEACH CHURCH OF CHRIST FOR A CONDITIONAL USE PERMIT FOR A CHURCH BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Virginia Beach Church of Christ for a Conditional Use Permit for a church at the southeast intersection of Great Neck Road and the Norfolk-Virginia Beach Expressway. Said parcel is located at 2219 Commerce Parkway and contains 1200 square feet. LYNNHAVEN BOROUGH. Voting: 8-0 Council Members Voting Aye: John ,4. Baum, Linwood O. Branch, III,, James Vd. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, John D. Moss and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Robert IC Dean, Mayor Meyera E. Oberndorf and Nancy IC Parker June 28, 1994 Item III-L l..f. PUBLIC HEARING ITEM # 38149 PLANNING The following spoke in SUPPORT of the application: Douglas B. Munden, 1377 Princess Anne Road, Phone: 426-2747, represented himself Vera Munden, 1376 Princess Anne Road, Phone; 426-2742 The following spoke in OPPOSITION to the application: DonaM J. Wes~ 1944 Lewisham Way, Phone: 430-0097, President - Sdl. HE. Anthony Leger, Director of Back Bay National Wildlife Refuge Upon motion by Councilman Lanteigne, seconded by Councilman Branch, City Council DEFERRED INDEFINITELY applications of DOUGLAS B. MUNDEN for a Variance to Section 4.4(b) of the Subdivision Ordinance which requires that all lots created by subdivision meet all requirements of the City Zoning Ordinance and Ordinance for a Conditional Use Permit: Appeal from Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Douglas B. Munden. Property is located at the northeast intersection of Muddy Creek Road and Drum Point Road. PUNGO BOROUGH. AND, ORDINANCE UPON APPLICATION OF DOUGlaS B. MUNDEN FOR A CONDITIONAL USE PERMIT FOR 20 SINGLE FAMILYDWELLINGS Ordinance upon application of Douglas B. Munden for a Conditional use Permit for 20 single family dwellings on certain property located at the northeast intersection of Muddy Creek Road and Drum Point Road. Said parcel contains 86.1 acres. PUNGO BOROUGH. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert K, Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: None Council Members Absent: Nancy IC Parker Mayor Oberndorf advised, to her knowledge, Council Lady-Elect Barbara Henley has never discussed, the application of Douglas B. Munden with her nor anyone else nor done anything to impugn Mr. Munden, his family, or his request. Mayor Oberndorf wished this statement to be made a part of the record. June 28, 1994 Item III-L l.g.(1) PUBLIC HEARING ITEM # 38150 PLANNING The following spoke relative the Southern Rural Plan: Attorney R. Edward Bourdon, Pembroke One Building, Fifth Floor, Phone: 499-8971, represented the applicant, represented rural homeowners. DonaM J. Wesg 1944 Lewisham Way, Phone: 430-0097, President of S~4. HE. Jane Bloodworth Rowe, 1464 Lotus Drive, Phone: 426-7389 Herb Culpepper, 1771 Princess Anne Road, Phone: 426-6111 Upon motion by Councilman Baum, seconded by Councilman Moss, City Council ,4DOPTED: SOUTHERN RURAL PLAN Ordinance to AMEND the Comprehensive Plan re rural residential development (yielding approximately 2500 additional dwelling units). AND, Ordinance to AMEND and REORDAIN Section 4.1, Subsection (p) of the Subdivision Ordinance re cul-de-sac streets. Voting: 9-1 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James gE. Brazier, Jr., Robert Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessorns, Jr. Council Members Voting Nay: Robert W. Clyburn Council Members Absent: Nancy I~ Parker June 28, 1994 AN ORDINANCE TO ADOPT AMENDMENTS TO THE COMPREHENSIVE PLAN AFFECTING RURAL RESIDENTIAL DEVELOPMENT WITHIN THE SOUTHERN RURAL AREA WHEREAS, The City of Virginia Beach recognizes that sustaining agriculture as a viable economic activity consistent with preserving rural open spaces, environmental resources, the rural way of life and providing reasonable opportunities for rural residential growth are important rural planning goals, WHEREAS, a need exists to provide more effective planning guidance for future rural residential development so as to reduce the loss of agricultural, forest and rural open spaces, lessen unwanted impacts on sensitive environmental resources and improve the overall quality of rural residential developments, WHEREAS, the planning policies identified in this Plan will advance a wide range of significant rural planning goals and help retain the area's rural character, thus deferring the need for untimely urban infrastructure, NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH VIRGINIA: That the Virginia Beach Comprehensive Plan is amended and reordained by incorporating the Southern Rural Area Plan attached hereto. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth day of dune , 1994. ~ ,. ~ AS TO CONTENTS $1~URE SOUTHERN RURAL AREA PLAN Comprehensive Plan Amendments June 28, 1994 1 2 3 4 Comprehensive Plan Amendment # CPA 94-1 Amend the Comprehensive Plan by ADDING the following text beginning on Page 1-15, second column, immediately after the words, ,,...alternative regarding their land.,, 5 6 Rural Preservation Plan The area south of Indian River Road from North Landing Road to 7 8 9 10 Muddy Creek and Back Bay is a vast rural region of Virginia Beach. The land, wetland and water cover 138 square miles, close to half of the total area of the City. This region has been designated the Southern Rural Area and the boundaries are shown on the following 11 12 13 14 15 16 17 18 page on Map I-2. Of the 30,300 acres of land, approximately 20,000 is devoted to agriculture. Wetland and water cover about 48,700 acres and an additional 9,700 acres is federal and state owned property used for environmental conservation purposes. Only about 3,200 acres of land in this area is actually developed, comprised mostly of rural dwellings and a small amount of rural commercial uses. The basic rural character of the Southern Rural Area is well 19 2O 21 established and has not changed very much over time. It is a place where there is a significant presence of existing agricultural and other rural-based economic activities. It would be highly 22 23 24 25 26 27 28 impractical to extend public water and sewer lines to this area. It is removed from suburbanization. It environmental resources. any influences of urbanization or contains large areas of exceptional Most of the area is comprised of Land Management soils. These are Somewhat Poorly, Poorly or Very Poorly drained soils, as defined in the 1985 issue of the U.S. Soil Survey for Virginia Beach, and are not suitable for large subdivisions. 29 30 Given these factors, it is logical to conclude that the Southern Rural Area will remain rural into the foreseeable future and, as 31 32 such, it must rely on sound rural planning principles and effective economic strategies to help it retain its character and vitality. 33 34 35 36 37 Rural Preservation Planning Objectives: It is the purpose of this Rural Preservation Plan to identif~ appropriate, fair and equitable rural planning policies for the Southern Rural Area. To this end, the City seeks to achieve the following five planning objectives. 38 1. Preserve the Opportunity for Continued Agricultural Production. 39 40 41 42 43 44 45 46 47 48 49 50 51 52 One of the key objectives of the Rural Preservation Plan is to provide opportunities for preserving agriculture. Our City's farmland, both north and south of the Green Line, has dwindled from about 51,000 acres in 1982 to roughly 30,000 acres in 1993. Approximately two thirds of all farmland is now located within the Southern Rural Area. In order to stop or reverse this downward trend, effective and affirmative agricultural preservation strategies must be put into place. Agricultural preservation is an important economic and land use issue. Hence, it is important for comprehensive planning strateqies to do their part in reinforcing and promoting .agriculture as much as possible. This Rural Preservation Plan offers property owners density bonuses for preserving farmland and rural open space, thus fostering this objective. 53 2. Preserve the Rural Character 54 55 56 57 58 The intent of the Rural Preservation Plan is just as the name implies - to preserve the rural way of life for the people who live there. However, the term "rural character" is somewhat difficult to define because it conjures up a variety of images. In one sense, it means very low residential density, surrounded by large 3 59 60 61 62 63 64 65 66 67 68 69 7O 71 72 73 74 areas of open space, farmland and wooded tracts served by long stretches of two lane roadways. There are occasional "villages" with names like Back Bay and Creeds with small concentrations of houses next to a few shops servinq, in a limited way, the commercial needs of a rather larqe geoqraphic area. In another sense, rural character translates into a quieter, less hectic and more independent way of life, one that is removed from the congestion, density and fast-paced activities of urban life. While some growth occurs, it does so without disrupting the lifestyles of those who have chosen to live here and without forcing the need to bring in large "urban" type roadways, public water and sewer lines and sprawling tract development. This plan encouraqes applying conditional use provisions to promote the development of minimum rural lot sizes, the preservation of as much remaining rural open space as possible and combines lot area and soil quality, not road frontaqe, to determine density potential. 75 3. Protect Environmental Resources 76 Well over half of the total area south of Indian River Road is 77 comprised of water and tidal and non-tidal wetlands. Much of it is 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 located in low-lying floodplain zones, publicly-owned environmental conservation areas, and areas consisting of poorly drained soils. These so called "Land Management Soils" are capable of handling only a very limited amount of new development. It is an important comprehensive planninq objective to protect all of these valuable resources against inappropriate activities, especially overdevelopment. It is sound planning policy to orient rural residential development away from sensitive environmental resources to areas consistinq of well drained soils and deeper water tables that are capable of handling septic systems. This, coupled with the objective of maintaininq a reasonable overall level of rural development potential, establishes sound planning policy that balances the need for reasonable rural growth aqainst its impact on the surroundinq natural environmental. This plan encourages the 92 93 94 protection of special environmental resources, such as natural habitats and critical uplands, by offering somewhat higher densities within rural developments that avoid such areas. 95 4. Provide Reasonable Rural Development Opportunities 96 This Rural Preservation Plan affords reasonable rural residential 97 98 99 100 101 102 103 development opportunities well beyond the 10 or 20 year horizon. Property owners may choose to develop their land either by-right, which yields a minimum density, or through a conditional use approach which may yield a higher rural density and advance comprehensive planning objectives designed to help save farmland and open space areas. Rural development potential is based on land area and soil quality, as opposed to lot frontaqe..~ 104 5. Defer Need for Urban Infrastructure 105 The Rural Preservation Plan allows reasonable levels of rural 106 107 108 109 110 111 112 113 114 115 116 117 residential development to continue for many decades and, during this period, ensures that demand placed on public facilities will remain at or below what is deemed acceptable for rural communities. For example, throughout the 1980's and early 1990's, the average rate of development in this area has been around 30 dwelling units per year. At this level of rural growth, it will take more than 80 years to reach the point where "urban" public facilities might be needed. The rate of rural development will be managed in order to avoid untimely and undesirable impacts on rural public facilities. The City will annually track rural growth, as measured by the number of new houses built, to ensure a continued balance exists between public facility supply and demand for this area. 118 119 120 121 Implementation The Comprehensive Plan seeks to achieve these objectives by giving property owners a choice of two rural development options. First, they may elect to create building lots without going through the 5 122 123 .1.24 125 126 127 :1.28 ,1.29 public hearing process (e.g. conditional use). Under this option, property owners may create one lot for every 15 acres on land that can support septic systems, provided they meet zoning, health and other regulatory provisions, as a by right provision of AG1 and AG2 zoning. As an alternative, a conditional use permit, designed to achieve the five comprehensive planning objectives stated above~ may be obtained for higher rural residential densities provided proposed developments meet the following.provisions: 130 131 1) Limit the annual rate of development so as to minimize burdens placed upon the rural public infrastructure. 132 133 134 135 136 137 138 139 140 2) Assign density potential based on land area and soil quality in the following manner through the use of conditional use permits. In areas comprising high quality soils (Soil Area #1), maximum rural residential development is calcualted at 1 dwelling unit for every 5 acres of land. Within areas of lesser quality soils (Soil Area #2), this density is calculated at 1 dwelling unit for every 10 acres of land. A map depicting the general location of these soil areas is available from the Department of Planninq,. Should site specific differences occur between the location of soils shown 141 142 143 on this map and actual field test results, the City will recognize as valid such field test findings, when certified by a qualified soil scientist and confirmed by the Department of Health. 144 145 146 147 148 149 150 151 152 153 3) Incorporate the followinq rural residential guidelines in order to advance the rural planning objectives of the city: 1. Subdivide residential lots on soils that possess the best drainage and water table characteristics using the minimum acceptable lot area necessary to achieve development objectives. 2. Illustrate the ultimate plan of development, as well as anticipated development phases, if any. 3. Maximize the area of and avoid fragmenting remaining farmland and open space. 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 169 170 171 172 173 174 175 176 Locate protective buffers between proposed residential structures and abutting agricultural operations. These buffers should be at least 50 feet in width, 25 feet of which should consist of trees and other effective plant material. Within this landscaped area, trees with a minimum caliper of 1 to centered no more than 30 feet apart. double rows of 1%" should be Whenever possible, plan developments on non-farmland. In those cases where development is proposed within areas of existing tree cover, design the placement of buildings and driveways so as to save and protect as many trees and other siqnificant environmental features as possible. Include substantial setbacks, with landscaping, between dwellings and rural arterial roadways.. Minimize all access points alonq rural arterial roadways.. Provide flag lots, where warranted to advance the purpose of this plan, taking into consideration the size of the lots within the subdivision, existing or future tree cover and other pertinent characteristics relating to the need for rural residential privacy and open space. Design appropriate widths for driveways serving flag lots. (eg. fire truck accessl Provide longer distances for rural cul-de-sac streets 177 178 179 180 181 182 183 184 185 186 187 188 10. 11. than is otherwise permitted throughout the City. Locate roadway drainage ditches a sufficient distance from the edge of pavement to enable emergency vehicles to pass around road obstructions. Provide greater streetlight separation distances than is otherwise permitted throughout the City. Protect land for open space purposes through the use of a variety l~gal instruments., such as deed restrictions,. appropriate zoning classifications, protective easements or transfer to a stewardship agency (eg. foundations or conservation groups), or through some other appropriate means. 189 190 191 Comprehensive Plan Amendment # CPA 94 - 2 Amend the Comprehensive Plan by ADDING MAP I-2 on Page I-9 showing the boundaries of the Southern Rural Area. 192 193 194 195 196 197 Comprehensive Plan Amendment # CPA 94 - 3 Amend the Comprehensive Plan by DELETING the Rural Area Issues discussion on Pages II-A-18 and II-A-21 beginning with "~%~rl--A~e~ ~.~T ...... Th~ ~-~ t~v fvr~c~ ~t ..... .v~...~ "and ending with the words ~ II a~ro~=~at¢, and ADDING the following text in its place: 198 199 There is a wide range of rural issues that will have a significant effect on the evolution of the City's rural area. Each one must be 200 taken into consideration and handled in a reasonable manner when 201 202 203 204 2O5 206 207 developing the rural planning policy.. For example, there is the need to preserve the rural character and agricultural industry amid growing pressure to develop this land for other purposes. There is the need to protect valuable environmental resources while accommodating new rural residential growth. There is the need to ensure appropriate rural development opportunities without placing an undue burden on the rural public facilities and services. 2O8 209 210 The Comprehensive Plan addresses these needs through two planning strategies - Transition Area III planning policies and those identified in the Rural Preservation Plan. Both are described in 211 212 213 214 215 216 217 218 219 220 more detail in Chapter I. In general terms, Transition III planning policies provide opportunities for outdoor recreation, low density residential and other rurally compatible uses to come together provided each protects the environment. The Rural Preservation Plan emphasizes the need to preserve the character of the rural community and the aqricultural industry., and is designed to protect the area's environmental resources. This planning strategy also balances the need to provide local property owners with reasonable rural development opportunities consistent with the ability of rural land and infrastructure to support such 8 221 development. 222 223 224 225 226 227 228 229 230 231 Comprehensive Plan Amendment ~ CPA 94 - 4 Amend the Comprehensive Plan by DELETING the following objective in the first column on Page II-A-22, ,,~4~+~ ....... ~.'~'~ .................... .~ ...... o .... C~'~'~.~.,_,, ~.,_,,,~. " ADDING following text in its place: 232 233 234 Objective Use the planning strategies identified for Transition Area III and the Rural Preservation Plan to help achieve the desired planning objectives in the rural areas of the City. 235 236 237 238 Comprehensive Plan Amendment ~ CPA 94 - 5 Amend the Comprehensive Plan by ADDING the following text and map to the Appendix, as follows: Appendix II-14 239 GENERAL SOIL AREAS DEFINED 240 241 * 242 * 243 244 * GENERAL SOIL AREA #1 consist of: Bojac fine sandy loam Munden fine sandy loam State loam, 0 - 2 percent slopes Tetotum loam 245 246 247 248 This area consists of nearly level Well Drained and Moderately Well Drained soils. The seasonal high water table ranges from 1.5 to more than 4 feet. These characteristics are consistent with soil types identified 9 249 25O 251 252 253 254 255 in General Soil Area #1. Bojac and State soils generally are suitable for conventional septic systems on one acre lots. Munden and Tetotum soils may be suitable for septic systems on one acre lots installed usinq available technologies, such as elevated sand mounds and sand filters. In every.case, a site specific evaluation is required by the Virqinia Department of Health. 256 257 258 259 260 261 262 263 GENERAL SOIL AREA ~2 consists of: Acredale silt loam Augusta loam Dragston fine sandy loam Hyde silt loam Nimmo loam Portsmouth loam Tomotley loam 264 265 266 This area is dominated by nearly level, Somewhat Poorly, Poorly and Very Poorly Drained soils. The seasonal hiqh water table ranqes from 0 to 1.5 feet. These 267 268 269 270 characteristic are consistent with the soil types identified within General Soil Area ~2. These soils are usually appropriate for Soil Drainage Management, sometimes called "Land Management. 271 272 273 274 275 276 277 278 279 280 GENERAL SOIL AREA ~3 Includes General Soil Area ~2 characteristics within the 100 year floodplain and generally below the 5' mean sea level elevation. Within this area, the Virginia Department of Health requires each lot to be evaluated to determine suitability for a septic system and the size and type of system to be installed. This evaluation is conducted by a Certified Soil Scientist and conformation borings are conducted by the Virginia Department of Health. 10 281 282 GENERAL SOIL AREA ~3A Grassed Wetlands (Back Bay's western shore) 283 284 285 GENERAL SOIL AREA #4 Forested Wetlands lowlands) (North Landing River & tributary 286 287 (NOTES: General Soil Area #3 is generally considered unacceptable for septic field usc. General Soil Areas #3A & #4 are unacceptable for septic field use. 288 289 290 291 292 293 Broad areas of soils arc shown on the t~eneral soil map and the location of each soil is shown on thc delailed soil map, both of which are presented in the 1985 issue of thc Virginia Beach Soil Survey. Since soils are natural bodies, a given designation may actually contain a variety of soil types. On site evaluation bv a Certified Soil Scientist mag be needed to determine the exact soil boundaries on a given tract of land. 11 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 AN ORDINANCE TO AMEND AND REORDAIN SECTION 4.1 SUBSECTION (p) OF THE SUBDIVISION REGULATIONS OF THE CODE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO CUL-DE-SAC STREETS APPROVED ~0 CONTE SIGNATURE DEPARJMENT ~,PPROVED AS TO LEG~ i':i~ ,~SUFFIC~I[..,~Y,,~D FORt /// CI Y - ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Section 4.1 (p) of the Code of the City of Virginia Beach, Virginia, is hereby amended and reordained to read as follows: Section 4.1 (p) Except where unusual land configuration requires otherwise, cul-de-sac streets, designed to be so permanently, shall not be longer than: (1) Three thousand (3,000) feet to the turnaround if serving very low intensity residential uses (lot area per dwelling unit at or exceedinq forty thousand (40,000) square feet) or (~) Fifteen hundred (1,500) feet to the turnaround if serving low-intensity residential uses (lot area per dwelling unit exceeding seventy-five hundred (7,500) square feet but less than forty thousand (40,000) square feet) or (~) One thousand (1,000) feet to the turnaround if serving residential uses of higher intensity. All cul-de-sac streets shall be provided at the closed end with a circular turnaround having an outside roadway radius of at least forty (40) feet and a right-of-way radius of at least fifty (50) feet, except where other forms of turnaround are approved by the planning director as conforming to standard practice. 31 32 33 34 35 36 Adopted by the Council of the City of Virginia Beach, Virginia 28 June on the day of , 1994. CA-5625 DATA~ORDIN~PROPOSED~46-4-1.ORD R1 PREPARED 06/15/94 MAP I-2' INDIAN RIVER ROAD Southern Rural Area Item llI-l.l.g.(2) PUBLIC HEARING ITEM # 38151 PLANNING The following spoke relative the Southern Rural Plan: Attorney R~ Edward Bourdon, Pembroke One Building, Fifth Floor, Phone: 499-8971, represented the applicant, represented rural homeowners. Donald J. West, 1944 Lewisham Way, Phone: 430-0097, President of S. A.V.E. Jane Bloodworth Rowe, 1464 Lotus Drive, Phone: 426-7389 Herb Culpepper, 1771 Princess Anne Road, Phone: 426-6111 Upon motion by Councilman Baum, seconded by Councilman Jones, City Council ADOPTED, AS AMENDED*: SOUTHERN RURAL PLaN Ordinance to AMEND and REORDAIN Sections 401, 402 and 405 of the Comprehensive Zoning Ordinance re agricultural districts *On line 188 change "as of" to "on or prior to": "...created as-of on or prior to the effective date of this ordinance may be.." On line 233, remove all the language appearing after the period through line 240 from paragraph (2) and designate same as a new paragraph (3). Paragraphs (3) through (8) are to be renumbered (4) through (9) respectively. On line 262, change fifteen (15) to twenty (20). "...width of ~ twenty (20) feet and in which all other..." l'~oting : 6-4 Council Members Voting Aye: John A. Baum, Robert I~ Dean, Louis R. Jones, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn and Paul J. Lanteigne, Council Members Absent: Nancy IC Parker June 28, 1994 1 2 3 4 5 6 AN ORDINANCE TO AMEND AND REORDAIN SECTIONS 401, 402, AND 405 OF THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF VIRGINIA BEACH, VIRGINIA, PERTAINING TO AGRICULTURAL DISTRICTS 7 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 27 28 29 3O 32 34 35 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That Sections 401, 402, and 405 of the Comprehensive Zoning Ordinance of the City of Virginia Beach, Virginia, are hereby amended and reordained to read as follows: Sec. 401. Use regulations. (a) Principal,,and conditional uses. The following chart lists those uses permitted within the AG-1 and AG-2 Agricultural Districts. Those uses and structures in the respective agricultural districts shall be permitted as either principal uses indicted by a "P" or as conditional uses indicated by a "C". Uses and structures indicated by an "X" shall be prohibited in the respective districts. No uses or structures other than as specified shall be permitted. USE Agricultural, aquacultural and horticultural uses, including orchards, vineyards, nurseries and the raising and grazing of livestock, poultry and swine and the keeping of bees Airports, heliports and helistops Animal hospitals, pounds, shelters, commercial and residential kennels Borrow pit Cemetery, columbarium, crematory and mausoleum Child care education centers in connection with public or private elementary schools or churches Child care education centers, day nurseries, AG-1 AG-~ P P C C C C C C C C P P 36 3'7 39 40 41 42 43 44 45 46 4'7 48 49 50 51 52 53 54 55 56 57 58 59 6O 61 62 63 64 65 66 6'7 68 69 7O other than those permitted as principal uses and structures, when not operated by a public agency 'Churches Community centers Country inns Drive-in theaters Dwelling, single family addition Dwellings, duplex Dwellings, single family, except as sD~cified in sectlo~ ~)wellings, singl~ familY, i~ accordance with ...section 405{a} Family care homes, foster homes or group homes Firewood preparation facility Fish hatcheries and fish pond Forests and forestry Fraternity and sorority houses, student dormitories and student centers; provided that they be located within a one-mile radius of a college or university Game preserves Golf courses, including par 3 with a minimum area of 10 acres, and miniature golf courses Home occupations, including those conducted outside the principal structures Homes for the aged, disabled or handicapped, including convalescent or nursing homes Hospitals and sanitariums Lodges for fraternal organizations Marinas, noncommercial and community boat docks Maternity homes Monasteries and convents Museums and art galleries when no~ operated by a public agency C C C C C P X C C P P C P C C C C C C C C C C C C C C P X c C C P P C P C C C C C C C C C 2 71 72 73 74 75 76 77 78 79 8O 81 82 83 84 85 86 87 88 89 9O 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 Private schools having curriculums similar to public schools Private sewage treatment facilities Public elementary, intermediate and high schools, colleges and universities; day nurseries in connection with public or private elementary schools or churches Public parks, recreational areas, botanical and zoological gardens, golf courses, marinas and other public buildings and uses Public utility installations and substations; provided offices, storage or maintenance facilities shall not be permitted; and provided, further, that utilities substations other than individual transformers, shall be surrounded by Category V screening, solid except for entrances and exits; and provided also, transformer vaults for underground utilities and the like shall require Category I screening, solid except for access openings Public utility transformer stations and major transmission lines and towers (50,000 volts or more) Recreation and amusement facilities of an outdoor nature other than those specified as principal uses, which may be partially or temporarily enclosed on a seasonal basis, with the approval of city council Recreational campgrounds Repair of agricultural equipment Retail sales of garden supplies, equipment, and material, as a subsidiary use to a plant nursery, provided that the sales is enclosed and limited to a maximum floor area of five hundred (500) square feet C C P P P C C C C C C C P P C C C C C ~.0~ 107 10~ 109 110 111 11~ 11~ 114 11~ 116 11"/ 11B 119 1~0 1~¢ 1~9 1~0 1~1 Riding academies, horses for hire or boarding C C Shelter for farm emgloyees C C Storage and maintenance installations for 9ublic utilities C C Television or other broadcasting stations and line-of-sight relay devices C C Wells, water reservoirs, and water control structures P P (b) Accessory uses and structures. Uses and structures which are customarily accessory and clearly incidental and subordinate to principal uses and structures, including but not limited to: (1) In connection with agricultural use, no more than one (1) roadside stand for sale of agricultural products produced by the operator of the roadside stand, provided that: (i) No such stand shall exceed one thousand (1,000) square feet in floor area; (ii) No stand shall be erected within fifty (50) feet of the property line fronting on any street; (iii) The operator of the stand must be the owner or operator of the agricultural property on which the stand is located; (iv) At least fifty (50) percent by value of the produce sold from the stand shall have been produced by the operator of the roadside stand. (2) An accessory activity operated for profit in a residential dwelling unit where there is no change in the outside appearance of the building or premises or any visible or audible evidence detectable from outside the building lot, either permanently or intermittently, of the conduct of such business except for one (1) nonilluminated identification sign not more than one (1) square foot in area mounted flat against the residence; where no traffic is generated, including traffic by commercial delivery Yehicles, by such activity in greater volumes than would normally be expected in the 141 142 143 144 145 146 147 148 149 150 151 152 153 154 155 156 157 158 159 160 161 162 163 164 165 166 167 168 neighborhood, and any need for parking generated by the conduct of such activity is met off the street and other than in a required front yard; where the activity is conducted on the premises which is the bona fide residence of the principal practitioner, and no person other than members of the immediate family occupying such dwelling units is employed in the activity; where such activity is conducted only in the principal structure on the lot; where there are no sales to the general public of products or merchandise from the home; and where the activity is specifically designed or conducted to permit no more than one patron, customer, or pupil to be present on the premises at any one time. The following are specifically prohibited as accessory activities: Convalescent or nursing homes, tourist homes, massage parlors, radio or television repair shops, auto repair shops, or similar establishments. Bec. 402. Dimensional Requirements The following chart lists the requirements within the AG-1 and AG-2 Agricultural Districts for minimum lot area, width, yard spacing, minimum lot covcragc and height regulations for single family dwellings. Note, however, that minimum lot area, as stated in section 402 (a) (Il, shall not be .used to ~alculate density allowance. Allowable density shall be determined in accordance with section 402 (b). (a) For single family dwellings: AGRICULTURAL DISTRICTS AG-1 AG-2 169 170 171 172 173 174 (1) Minimum lot area: (2) Minimum lot width: (3) Minimum front yard setback: (4) Minimum side yard setback: (5) Minimum rear yard setback: 1 acre i acre 150 feet 150 feet 50 feet 50 feet 20 feet 20 feet 20 feet 20 feet 175 176 177 178 179 180 181 182 183 184 185 186 187 188 189 190 191 192 193 194 195 196 197 198 199 200 201 202 203 204 2O5 206 207 208 209 210 (6~) Maximum height: 35 feet 35 feet (7{}) The setback for any yard that adjoins a major street or right-of-way designated on the official transportation plan shall be 50 feet. (b) Residential Density. The allowable density on each tract of land as existing on the effective date of this ordinance shall be one .capable of .supporting. septic systems. Nothing herein .shall be construed., as prohibiting the use by right of a lot lawfully created on or .prior .to the effective date of this ordinance for the purpose of constructing one single family dwelling, Additionally, any.. lot fifteen (!5) acres or larger, lawfully created on or prior to the effective date of this ordinance may be .subdivided of right into a total of two (2) .building sites provided that each lot has at least 300 feet of publiG roadway frontage and satisfies all state and local development regulations. ~eC. 405. Alternative . resi4ential 4evelopment pursuant to con~itional use permits. alternative to the residential development permitted by right in the Agricultural districts, the Council may award a use permit to allow residential development at a density .greater than that which is permitted by right. ~T_he following additional regulations shall apply to all residential development in the AG-1 and AG-2 Districts pursuant to conditional use permits. (a) Council may attach conditions to the use permit governing the number of residential lots allowed on the tract. In so doing, council shall 212 213 214 215 216 217 218 219 22O 221 222 223 224 9-25 226 227 228 229 230 231 233 234 235 236 237 239 240 241 249- 243 apply the following development criteria that are consistent, with the adopted provisions of the Comprehensive Plan% (1) On land that is .nearly level Well-Drained. or Moderately Well-Drained soils, as defined i~ Appendix II-~4 of .the comprehensive plan as Soil Area 1,.. with a seasonal high water table ran~in~ from 1.5 to qreater than 4 feet as determined by the Virginia Department of Health and which occurs at.more than 5.5 mean sea level (MSL), the maximum density shall be 1 dwellinq unit for each five (5) acres of land. 2/~ On land that is nearly level with Somewhat Poorly, Poorly, or Very Poorly drained soils, as.defined in Appendix II-14 of the comprehensive plan as Soil Area 2, with a seasonal hiqh water table ranginq from 0 to 1.5 feet as determined by the Virgini~ Department of Health and which occurs at more than 5.5 mean sea level (MSL), th~ maximum density sha~l be 1 dwelling unit for each ten (~0) acres of land. These soils, are those commonly termed Soil Drainaqe Mana.gement or Land Management. (3) The acreage used to calculate rural residential d~nsities shall be as defined in Section 200(a) o{ this ordinance. Evaluation of the soils of a parcel for the purpose of determininq the ~ensit¥ shall Be conducted by a Certified Soil Scientist with ~onfirmation of the results provided by the Virginia Department of Health, Development proposal~ sha~l ..be ~n substantial conformance wi~h all aDPlicable prov~sions.....of th~ plan's Rural ResideDtial Development Guidelines. 7 244 245 246 247 248 249 25O 251 252 253 254 255 256 257 258 259 260 262 263 264 265 266 267 268 269 270 271 273 274 275 276 277 The annual rate of development shall be restricted so ..as ~O ~inimize burdens placed upon .~he rural public infrastructure. On land with soil coDpQsitions as described ~n section 405 (a) (2) and which is less than ~.5 fee~ above mean sea level (MSL), there shall be ~Q development and no density credit shall be allowed~ The dens%ty of development.may be reduced below th- maximum densities specified in sections 405 (a) (1~ and (2) if, in the Council's determination, the proposed development may presen~ an undue advers- impact on aqricultural operations or if the location of the property and its proximity to public infrastructure and services is not suitable for such maximum densities. A .flag lot may be created, in accordance with the chart below, in which the lot is connected to a public street with road frontage having a minimum width of twenty (20) feet and in which all other relevant requirements of the subdivision r~gulations and zoninq ordinance are met. Th~ following chart provides the maximum number of lot~ which may be created in such manner as part of a subdivision of lots from an existinq parcel: Number of Subdivided Lots Create4 i to 10 lots !1 to 20 lots 2! to 30 lots more than ~1 ~ots Maximum Number ~f Flaq Lots I~ no case, shall.more than 4 such lots be ~reat~d,~ (9) F~r residential subdivi..sions Q~ 25 lots or less, there shal~ be no.more than.2 a~cess points on tb~ existin~ public road system, includin~ drivewaym and new roadways; and for subdivisions of over 25 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 30O 301 302 303 304 305 306 307 3O8 309 ~11 ~12 lots. there shall be no more than three such access points. For '~ ~ ~ ..... lots '- the ..... ~. of driveways d irc ay ~ " ........ ~ ^~:-~-- tract r w s --~ ......... ~f thc ........ ~ I by drlvcways onto 313 314 315 316 Adopted by the Council of the City of Virginia Beach, Virginia on the 28th day of June, 1994. 317 318 319 320 CA-5624 R3 \ORDIN~PROPOSED\401ETSEQ.ORD JUNE 28, 1994 10 Item IIl-l.l.h.(1) PUBLIC HEARING PLANNING ITEM # 38152 Upon motion by Councilman Lanteigne, seconded by Councilman Branch, City Council ADOPTED an Ordinance upon application of THE CITY OF VIRGINIA BEACH for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF THE CITY OF VIRGINIA BEACH FOR A CONDITIONAL USE PERMIT TO MODIFY AND ENLARGE A GOLF COURSE R06941903 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of the City of V~rginia Beach for a Conditional Use Permit to modify and enlarge a golf course on the southwest side of Seaboard Road beginning at a point 3500 feet northwest of Princess Anne Road. Said parcel contains 338.7 acres. PRINCESS ANNE BOROUGH. The following conditions shall be required: A wetlands bench for the establishment of emergent wetlands vegetation shall be provided along the perimeter of on-site lakes wherever practicable. Shorelines shall be designed so that benched areas are winding rather than straight, thereby maximizing the length of the shoreline. Additionally, the sides of the pond shall slope as gradually as possible and benches shall be designed to maintain a normal pool depth of one-to- six inches (1"-6") above the bench. Areas to be benched and specific design criteria, including a detailed planting plan, shall be provided at the time of detailed site plan review. A comprehensive stormwater/lake management plan shall be submitted at detailed site plan review to assist in the evaluation of the proposal pursuant to Section 9 of the Southern Watersheds Management Ordinance. Details regarding the proposed irrigation system shall be provided at the time of construction plan review. Such information shall include: a. The amount of water available for withdrawal from the dewatering of the E. V. Williams borrow pit, if such water is to be used .for site irrigation; a description of the method of withdrawal and any permitting requirements for the withdrawal and/or installation of withdrawal facilities; b. A description of the long-term irrigation strategy .for the site which addresses the method of irrigation if the dewatering runoff ceases, and a description of the impacts of stream withdrawals on the in-stream flows; c. A description of the distribution system to be utilized for the stormwater management~lake system including methods to be utilized for maintaining optimum water levels above wetland benches. June 28, 1994 Item lll-l.l.h.(1) PUBLIC HEARING PLANNING ITEM it 38152 (Continued) 7. 8. The Virginia Department of Game and Inland Fisheries shall be consulted regarding wet pond design and compatibility with wildlife prior to the submission of detailed site plans. A monitoring and control program for common reedgrass shall be included as part of the applicant's stormwater management plan. All areas of the site identified as 'farmed wetlands" shall be restored with native plant material and shall be retained in a natural state. At the time of detailed site plan review, details regarding the restoration o. f farmed wetlands on the site shall be included. The detailed site plans shall clearly identify areas of the site which are to remain undisturbed and shall include a description of tree protection measures to be utilized during site development. The clearing of trees and understory vegetation shall be limited to the amount necessary to accommodate desired course features. All of the wooded areas outside of hold #3, #4 and #5 shall remain undisturbed and shall be retained in a natural state. Site plan modifications shall be considered which restore critical edge habitat and provide additional water quality and wetland protection. The following are candidate areas for such restoration: the area East of hole #16 between the pond and existing tree line, a portion of the area between hole #14 and #15 extending North of the farmed wetlands, the area Southeast of hole #13 between the farmed wetlands, the area Southeast of hole #13 between the farmed wetlands and the tree line, the area of hold #11 Northwest of the Green and Fairway to the tree line, and the area between hole #3, #5 and 116. Buffer areas shall, wherever practicable, be a minimum of 100 feet in width where the slope adjacent to forested nontidat wetlands exceeds 6%. A planting plan shall be provided for all buffer areas and critical edge habitat to be restored on-site. The plan, which must be included at the time of detailed site plan review, must identify areas which are to be planted with native material and those areas which will be restored by natural succession. The planting plan must also include a schedule for those areas of the site which are to be physically replantecL All buffer areas which are currently farmed shall be disced and planted with temporary vegetative cover, such as season native grasses or other ground cover, prior to the commencement of all land disturbance associated with the course construction. Prior to the submittal of site development plans, the Virginia Department of Game and Inland Fisheries and Virginia Department of Conservation and Recreation, Division of Natural Heritage, shall be contacted regarding the existence of rare, endangered and unique species on the site. June 28, 1994 - 47 - Item llI-l.l.h.(1} PUBLIC HEARING PLANNING ITEM # 38152 (Continued) 10. 11. Construction of the project shall be phased and major excavation conducted during the drier seasons of the year to the greatest extent possible. An Environmental Management Plan, including Integrated Pest Management procedures, shall be developed which clearly describes course operations relating to the application of fertilizers, pesticides and herbicides. The Environmental Management Plan shouM emphasize a site-specific and integrated approach to chemical use and pest control, the following shall be components of the plan: a. A description of spill prevention control and countermeasure procedures for areas used to store pesticides, herbicides and fungicides. b. A description of appropriate handling and mixing procedures and the identification of the mixing area on the site development plan. The pesticide storage area must be separate from the maintenance building or have safeguards protecting employees from chemicals. c. Fertilizer selection based upon Iow leaching characteristics and soil testing schedules designed to determine the need for fertilization. d. Chemical selection for insect control based upon vegetative cover density and vegetative type and the identification of "key pests" prior to the use of control measures. e. Coordinated selection of chemicals, dosage and treatment schedules in order to minimize hazards to non-target organisms and the surrounding ecosystems. f Selection and utilization of pest and drought-resistant vegetation, appropriate for golf courses within the Tidewater region, for maintained course areas such as fairways, tees, and greens with an emphasis on native vegetation. g. Application of chemicals at times and under weather conditions that are deemed optimal and when the potential for adverse impacts to the surrounding ecosystems and course patrons is minimized. h. Introduction and maintenance of natural enemies, and other biological controls, to control "key pests", when appropriate. 12. L The Environmental Management Plan must be submitted to the Planning Department for review prior to the commencement of grounds maintenance activities requiring the use of pesticides, herbicides and/or fertilizers. Areas to be utilized for the storage and mixing of pesticides, herbicides and fungicides must be clearly identified on the site development plans. The Golf Course shall be maintained as a public-use golf course. June 28, 1994 Item III-I.l.h. (1) PUBLIC HEARING PLANNING ITEM # 38152 (Continued) The Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-eighth o. f June. Nineteen Hundred and Nin¢~_ -Four. Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert IC Dean and John D. Moss Council Members Absent: Nancy IC Parker June 28, 1994 - 49 - Item llI-l.l.h.(21 PUBLIC HEARING ITEM # 38153 PLANNING Upon motion by Councilman Branch, seconded by Vice Mayor Sessoms, City Council ADOPTED: Ordinance to adopt the Oceanfront Resort Area Concept Plan Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James I,E. Brazier, Jr., Robert W. Clyburn, Robert K. Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker June 28, 1994 AN ORDINANCE TO ADOPT THE OCEANFRONT RESORT AREA CONCEPT PLAN WHEREAS, the future vitality and well-being of the Virginia Beach Oceanfront Resort Area is an essential component of the City's overall economic development strategy, WHEREAS, the Oceanfront Resort Area Concept Plan provides an effective planning and organizing tool to continue enhancing the image and marketability of this important area, WHEREAS, the Oceanfront Resort Area Concept Plan establishes a general planning framework through which public and private development proposals may be evaluated, WHEREAS, the City has demonstrated it's desire to continually improve the oceanfront resort area, as exemplified through it's TGIF initiatives and other efforts and the Oceanfront Resort Area Concept Plan will help protect and enhance these investments, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the Oceanfront Resort Area Concept Plan attached hereto is hereby ordained for use as a general planning tool and shall be used as the conceptual foundation upon which all future development and plans for this area will based. Ador~ted by the Council of the City of Virginia Beach, Virginia on the Twenty-eighth day of June , 1994. APPROVED AS TO CONTENTS -~ ' ' $1G'~IATURE DEPAR'T/'~I~N 1' APPRO. V S/ O · siGNATLJRE · ~ - 50 - Item llI-Ll.h.(3) PUBLIC HEARING ITEM # 381.$4 PLANNING BY CONSENSUS, City Council DEFERRED INDEFINITELY: Ordinance to adopt the Virginia Beach Outdoors Plan. June 28, 1994 - 51 - Item lll-J.1. APPOINTMENTS ITEM # 38155 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: EROSION COMMISSION FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS PLANNING DISTRICT COMMISSION HISTORICAL REVIEW BOARD SOCL4L SERVICES BOARD TIDEWATER COMMUNITY COLLEGE BOARD TIDEWATER-REGIONAL GROUP HOME COMMISSION TIDEWATER TRANSPORTATION DISTRICT COMMISSION VIRGINIA BEACH CRIME TASK FORCE VIRGINIA BEACH TOWING ADVISORY BOARD June 28, 1994 Item lll-J.2. APPOINTMENTS ITEM # $8156 Vice Mayor Sessoms ANNOUNCED the APPOINTMENT by the Norfolk City Council of Virginia Beach's nominee: THE AIRPORT AUTHORITY Betsy Duke 4-year term 6/28/94 - 6/28/98 June 28, 1994 Item llI-J.3. APPOINTMENTS ITEM # 38157 Upon NOMINATION by Vice Mayor Sessoms, City Council REAPPOINTED: SPORTS AUTHORITY OF HAMPTON ROADS Harold Heischober 4 Year Term 06/01/94 - 05/31/98 Voting: 8-2 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Louis R. Jones, Paul J. Lanteigne, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: Robert IC Dean and John D. Moss Council Members Absent: Nancy IC Parker June 28, 1994 - 54 - Item lll-L.l.(a) NEW BUSINESS ITEM # 38158 CITY COUNCIL-SPONSORED ITEMS Frank Baronis, 1247 Culver Lane, Phone: 426-6826, registered in OPPOSITION. Upon motion by Councilman Lanteigne, seconded by Councilman Branch, City Council ADOPTED, .dS REVISED*: Resolution to approve a pilot program to provide parking at Little Island Park at a reduced rate .for vehicles displaying valid City Decals. *The Resolution shall include the North Sandbridge parking lot. Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W.. Brazier, Jr., Robert W.. Clyburn, Robert I~ Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor 14qlliam D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy K. Parker June 28, 1994 Requested by Councilmember Paul J. Lanteigne 1 2 3 4 A RESOLUTION APPROVING A PILOT PROGRAM TO PROVIDE PARKING AT LITTLE ISLAND PARK AT A REDUCED RATE FOR VEHICLES WHICH DISPLAY VALID CITY DECALS 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 WHEREAS, visitors to the City of Virginia Beach enjoy a wide variety of parks and other recreational facilities which are funded in large measure by the taxpayers of this City; WHEREAS, it is considered desirable, if feasible, to recognize this taxpayer contribution by establishing a fee differential favoring Virginia Beach residents at those public facilities where admission or other fees are charged; and WHEREAS, it is also desirable to determine the economic impact of such a differential fee policy by instituting a pilot program at a selected public facility; NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That the City Manager is hereby directed to establish, commencing August 1, 1994 through the end of the "season," a pilot program at Little Island Park and North Sandbridge parking lot, whereby vehicles displaying a valid City decal issued by the City of Virginia Beach will be assessed a reduced parking fee of one dollar ($1.00), whereas all other vehicles will be assessed the established rate of three dollars ($3.00) on weekdays and four dollars ($4.00) on Saturdays and Sundays; and BE IT FURTHER RESOLVED: That the City Manager is hereby directed, as soon as practical following the termination of such pilot program, to evaluate the pilot program and advise the Council of the feasibility of enacting parking fee differentials at City-owned off-street parking facilities. Adopted by the Council of the City of Virginia Beach, Virginia, on the 28 day of June , 1994. CA-5629 ORDIN~NONCODE~LIPARK.RES R-4 06/30/94 Item llI-L.2.(b} NEW BUSINESS ITEM # 38159 CITY COUNCIL-SPONSORED ITEMS Upon motion by Councilman Lanteigne, seconded by Councilman Baum, City Council DEFERRED INDEFINITEL Y: Ordinance to AMEND and REORDAIN Chapter 33 of the Code of the City of Virginia Beach, Virginia, by ADDING a new Article VIII re newsracks. (Sponsored by Councilman Paul J. Lanteigne) Voting: 10-0 Council Members Voting Aye: John A. Baum, Linwood O. Branch, III, James W. Brazier, Jr., Robert W. Clyburn, Robert IC Dean, Louis R. Jones, Paul J. Lanteigne, John D. Moss, Mayor Meyera E. Oberndorf and Vice Mayor William D. Sessoms, Jr. Council Members Voting Nay: None Council Members Absent: Nancy I~ Parker June 28, 1994 - 56 - Item llI-L.2. NEW BUSINESS ITEM # 38160 BY CONSENSUS, City Council ACCEPTED AS SUBMITTED BY GENERAL REGISTRAR: Abstract of Votes cast in the Primary Election held on June 14, 1994, for the United States Senate and House of Representatives. June 28, 1994 - 57 - Item III-L.3. NEW BUSINESS ITEM # 38161 ADD-ON Mayor Oberndorf advised receipt of booklets on Water Conservation from the Third Grade Class at Old Donation Center for the Gifted and Talented. The financial award the Class received was utilized for these booMets for distribution to the City. The Class will be recognized in the "MAYOR'S IN RECOGNITION CEREMONY". June 28, 1994 Item III-L.4. NEW BUSINESS ITEM # 38162 ADD-ON Mayor Oberndorf extended a public invitation, which has also been forwarded in writing, to the Retiring Members of City Council: James W. Brazier, Jr., Robert W. Clyburn and Paul J. Lanteigne to attend the CEREMONIAL REORGANIZATION OF VIRGINIA BEACH CITY COUNCIL. Council Members will also be HONORED with Resolutions in Recognition at the Formal Session. June 2& 1994 Item III-M. 1. ADJOURNMENT ITEM # 38163 Mayor Oberndorf DECLARED the Meeting ADJOURNED at 10:10 P34.. Chief Deputy City Clerk Ruth Hodges Smith, CMC/AAE City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June 28, 1994