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Home My WebLink AboutJANUARY 27, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZ,EL, Kempsville - District 2 MARGARET L. HIRE, Centerville - District I REBA S. McCLANAN, Rose Hall - District 3 RICHARD A. MADDOX, Beach - District 6 JIM REEVE, Princess Anne - District 7 PETER W SCHMIDT, At-Large RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL CITY COUNCIL AGENDA CI7Y HALL BUILDING I 2401 COURTHOUSE DIUVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 427-,13fJ3 FAX (757) 426-5669 E MAIL:Ctycncl@vbgol'.com JAMES K. SPORE, City Manager LESLIE L. LILLEY, City Attorney RUTH HODGES SMITH, MMCA, City Clerk 27 January 2004 I. CITY COUNCIL'S BRIEFING - Conference Room - 1:00 P.M. 1. JOINT LAND USE STUDY (JLUS) James M. "Mike" Davis Assistant Director, Office of Economic Adjustment, Department of Defense II. CITY MANAGER'S BRIEFINGS 1. RECAP AND CURRENT STATUS ON EXPENDITURES FOR MUHAMMAD TRIAL Paul J. Lanteigne, Sheriff David C. Sullivan, Chief Information Officer 2. MUNICIPAL SKATE PARK Cindy Curtis, Director, Department of Parks and Recreation 3. COX CABLE FRANCHISE RENEWAL David C. Sullivan, Chief Information Officer William M. Macali, Deputy City Attorney 4. EMERGENCY RESPONSE SYSTEM - ERS Council Discussion III. REVIEW OF AGENDA ITEMS IV. CITY COUNCIL COMMENTS V. INFORMAL SESSION - Conference Room - 4:30 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 P.M. A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend John L. Amos Pastor, New Fellowship Baptist Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES 1. INFORMAL AND FORMAL SESSIONS January 13, 2004 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. EXCESS CITY PROPERTY at Columbus Street and Independence Boulevard 2. AGRICULTURAL RESERVE PROGRAM (ARP) Bany D. and Paula W. Knight, Head of River Road I. CONSENT AGENDA J. RESOLUTIONS 1. Resolution to ACCEPT and APPROVE the concept of the OLD BEACH DISTRICT study; and, AUTHORIZE the committee to continue its public involvement process with a final recommendation on the refined study after the consultant completes its work. 2. A joint Resolution of City Council and Virginia Beach School Board to REQUEST that the United States Congress and the Virginia General Assembly refrain from enacting any additional under-funded or unfunded mandates and then review existing programs imposed by such mandates. K. ORDINANCES 1. Ordinance 1:0 AMEND S2-90 of the City Code re restrictions on certain political activities by city employees and bring the City Code into compliance with the Virginia Code ~ 15.2-1512.2. 2. Ordinance 1:0 DECLARE EXCESS PROPERTY at Independence Boulevard and Columbus Street; and, AUTHORIZE the City Manager to execute an Agreement of Sale to Crawford Properties, L.L.C. (KEMPSVILLE - DISTRICT 2) 3. Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) development rights for 77.57 acres at the Head of River Road from Barry D. and Paula W. Knight for $178,410. (Installment Agreement 2003-61). (PRINCESS ANNE - DISTRICT 7) 4. Ordinance to AUTHORIZE the City Manager to execute the First Amendment to the Post-Closing Agreement (June 11,2003) with LifeNet re the purchase the remaining 6.57 acres of the original 21.81, more or less, acres, Parcel 5, at Princess Anne Road and Concert Drive. (PRINCESS ANNE - DISTRICT 7) 5. Ordinance to ACCEPT and APPROPRIATE a $31,000 Grant from the Virginia Environmental Quality to the FY 2003-04 operating budget of the Department of Museums and Cultural Arts re a statewide stranding network for the Virginia Marine Science Museum (VMSM). 6. Ordinance to ACCEPT and APPROPRIATE $10,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2003-04 operating budget re pre-deployment administrative costs for the urban search and rescue team. 7. Ordinance to TRANSFER $5,000,000 from the Pavilion Theatre Replacement project and $750,000 from the Tidewater Community College Expansion to Rudee Loop Development - Phase I re purchase of property from Robert Herman Properties, L.L.C. L. PLANNING - NO ACTION NECESSARY Ordinance to AMEND Sections 111,233.1,701,901,1001,1501,1511 and 1521 of the City Zoning Ordinance (CZO), pertaining to Conditional Use Permits re sales or service of alcoholic beverages in the II-I, B-1, B-2, B-3, B-3 A, B-4, I-I, 1-2, RT-l, RT-2 and RT-3 Zoning Districts (Deferred by the Planning Commission). PLANNING 1. Application of THOMAS E. WRIGHT for the discontinuance, closure and abandonment of a portion of Lineberry Road, on the east side of Doctor Drive and northeast of Hospital Drive to incorporate the area into two adjoining residential lots. (DISTRICT 3 - ROSE HALL) Recommendation: APPROV AL 2. Application of BAYS IDE PRESBYTERIAN CHURCH for a Conditional Use Permit re a columbarium at 1400 Ewell Road. (DISTRICT 4 - BA YSIDE) Recommendation: APPROV AL 3. Applications of 0 B F P, INC. on the east side of South Birdneck Road, south of Bells Road. DISTRICT 6 - BEACH a. Change of Zoning District Classification from R-I0 Residential District, A-12 Apartment District and B-2 Community Business District to Conditional 1-1 Light Industrial District re a light industrial office-warehouse park. b. Modification of a Conditional Use Permit for Aqua Sports, Inc. (approved by City Council on June 23, 1986) . Recommendation: APPROV AL M. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - Plumbing/Mechanical COMMUNITY POLICY and MANAGEMENT TEAM - CSAAT~RISK YOUTH COMMUNITY SERVICES BOARD - CSB FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE - HREDA HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS and RECREATION COMMISSION PUBLIC LffiRARY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEV AMP TIDEWATER REGIONAL GROUP HOME COMMISSION VIRGINIA BEACH COMMUNITY DEVELOPMENT CORPORATION -VBCDC WETLANDS BOARD N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********* 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) ********* Agenda 1/22/04 gw www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 27 January 2004 Mayor Meyera E. Oberndorf called to order the City Council Briefing re JOINT LAND USE STUDY (JLUS) in the Council Conference Room, City Hall, on Tuesday, January 27,2004, at 1:00 P.M. Council Members Present: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Ron A. Villanueva and James 1. Wood Council Members Absent: Rosemary Wilson [Entered: 1:07 P.M.] Peter W. Schmidt [Entered: 2: 10 P.M.] - 2- CITY COUNCIL'S BRIEFING JOINT LAND USE STUDY (JLUS) 1 :00 P.M. ITEM # 52125 Mayor Oberndorf introduced James M. "Mike" Davis. Associate Director, Office of Economic Adjustment, Office of the Secretary of Defense, to present information relative the Joint Land Use Study (JLUS) Mr. Davis advised Captain Tom Keeley, Commanding Officer - NAS Ocean a, was in attendance and operating the Power Point. The web site for the Office of Economic Adjustment is www.oea. osd. mil which contains information on all programs operated by the Office of Economic Adjustment. The Office of Economic Adjustment was created in 1961 with the purpose to recognize that certain Department of Defense decisions can directly, or severely, affect the economic well being and welfare of local governments. The OEA is authorized to provide adjustment assistance to State and local governments adversely impacted by significant Defense program changes. Office of Economic Adjustment May provide technical or financial assistance to State and local governments for: Military base closures and realignments Cutback'} or termination of defense contracts Planned Department of Defense (DOD) spending reductions that affect a community Encroachment that adversely affects the utility of a military base Defense industry downsizing The Joint Land Use Plan (JLUS) is not a BRAC proving effort. OEA has the authority. resources and the program to support state and local government's encroachment prevention efforts. In cases involving civilian encroachment, OEA may undertake, in cooperation both the community and the Military, a Joint Land Use Study (JLUS) What Is A JLUS A cooperative land use planning effort between a military installation and the surrounding communities It promotes compatible community growth that will support military training and operational missions. The Department of Defense expended $476-BILLION in the year 2002 within the United States to support personnel, contracts and grants. The Commonwealth of Virginia is Number 2 among thefifty (50) states in terms of the amount of defense dollars expended in the state. The Navy has the Air Installations Compatible Use Zones (AICUZ) Program to share information with the local community. The Community has the Joint Land Use Study (JLUS) program. A typical JLUS identifies actions that could and should be taken by the community and the installation to solve existing encroachment problems on both sides and prevent future ones. A JLUS helps a community to understand the economic and physical impact of an installation's operations and evaluate the impacts of a community's development decisions on the viability of the installation's mission. January 27,2004 - 3 - CITY COUNCIL'S BRIEFING JOINT LAND USE STUDY (JLUS) ITEM # 52125 (Continued) What is the Product? The product hopefully will guide local jurisdictions in the application of planning and development controls in support of the ongoing military mission and community economic development. Overview of the JL US process Military Department nominates installation OEA conducts site visit to confirm need meets with installation commander meets with local/area governments Local government agree to participate Local sponsor endorses and steering committee is organized Grant application filed OEA awards grant Study conducted and completed Recommendations adopted and implemented by local government and installation Planning is a resolution of conflict among competing ends with limited resources. The typical JLUS process states are: Organize/Plan/Implement Organize: Identify community sponsor. Appoint community JLUS working committees. Develop scope of work (SOW). Apply for OEA grant. Plan: Identify installation's operations and effect on Community. Identify community needslconcerns. Identify encroachment issues within noise and accident potential zones. Explore strategies to address encroachment issues. Implement: Revise community comprehensive plan/zoning. Limit new development within sensitive Noise and Accident Potential Zones. Revise building codes for sound attenuation. Enact real estate disclosure requirements. Conse~ation partnering with non- governmental organization. January 27,2004 - 4 - CITY COUNCIL'S BRIEFING JOINT LAND USE STUDY (JLUS) ITEM # 52125 (Continued) What are the Installation's Planning Issues? Mission changes can create an accordion effect on noisefootprints and disrupt local planning and zoning consistency. Incompatible land use decisions at the local level can impact the military mission Mr. Davis has worked with communities such as Wright Patterson Air Force Base in Montgomery County, Ohio, whose mission had changed. The mission of Wright Patterson Air Force Base now was primary research and development (Mars). The Community advised there was tremendous pressure to backfill the area. An AICUZ study (developed by the Air Force eight (8) years earlier) was ADOPTED by policy. The County went through an orderly planning process with public hearings. Decisions were made by the legislative body. Those decisions are semi-permanent. Zoning can be changed, but it is not easy. The Military Department and the Office of Economic Adjustment represents the Department of Defense (DOD). The Community is represented by state officials, city and county officials, Council of Government Officials, City and County Planning Commissioners, Airport Authority Officials, Private Sector Leaders, Business Representatives, local professional Planners, Neighborhood Organizations, residents and citizens at-large. A typical JLUS organization consists of a Study Sponsor, Policy Committee and Working Group. OEA's Roles Represent Office of the Secretary Confirm need for JL us Provide guidance to complete a community drive JLUS Provide funding assistance Provide technical assistance Facilitate communications The Installation's Roles IdentifY encroachment issue Recommend JLUS nominations to DAS Support the JL US nomination Coordinate update of AICUZ Provide guidance and technical support to the JL US Policy Committee Implements JLUS recommendations The Community's Roles Provide leadership Finance its part of the JL US Conduct the JLUS Provide public information IdentifY issues and opportunities Resolve the issues Implement the JLUS January 27,2004 - 5 - CITY COUNCIL'S BRIEFING JOINT LAND USE STUDY (JLUS) ITEM # 52125 (Continued) A community may either develop the JLUS in-house or contract with a qualified consultingfirm. A typical JLUS costs $60,000 - $120,000: 75% OEAfunded and 25% community funded. Typical JLUS Topics Community economic profile Existing and proposed land use Installation operations and effects on the surrounding community Community development's effects on installation operations Typical JLUS Issues Pubic Health and Safety Threat: Installation noise impacts (AICUZ) Aircraft approach and departure (APZ) Incompatible development Encroachment threatening installation missions It is not wise to operate a hospital or nursing home within an Accident Potential Zone (APZ). These zones are very important when making land use decisions. An Air Force Colonel in Arizona advised the best land use in an Accident Potential Zone (APZ), would be a tilt-up concrete warehouse. Typical Recommendations Revise installation operations to reduce impacts Revise community land use plan to be compatible Revise zoning to be consistent with Plan Require real estate disclosure Revise building codes for sound level reduction Continue to work together after fLUS Some Implementation Measures Updated Comprehensive Plan Zoning or zoning overlays Building code/modifications Subdivision regulations Planned Unit Development (PUD) Mandatory deed/noise disclosure A vigation/Conservation easements Transfer of development rights Acquisition of easements or property January 27,2004 - 6 - CITY COUNCIL'S BRIEFING JOINT LAND USE STUDY (JLUS) ITEM # 52125 (Continued) Expected Results The Community and the Installation Agree to: Implement JLUS recommendations. Continue to work together to protect the mlSSlOn of the installation and promote the public health, safety and welfare Develop Conservation based partnerships. Mr. Davis cited the example of Fort Campbell, Kentucky. Five (5) years ago, a Joint Land Use Study (JLUS) was developed and implemented to the extent possible under their laws and state charters. This study was entitled the Partnership, which meets quarterly either at the Base Commander's Conference Room or in the community. The National Regional Planning Council is the sponsoring agency. All types of issues are discussed: traffic congestion, water rights, et cetera. Mr. Davis displayed a map depicting the thirty-three (33) completed Joint Land Use Studies in 2003. Fort Bragg, North Carolina, is being revisited as they are entering into a new Authority: Conservation or Encroachment Partnerships. Congress authorized, through the Office of the Secretary of the Defense down to the Military Command. The local Base Commander can partner with non-governmental conservation based organizations, State and local governments acquire certain interests in properties which are critical to the success and viability of the mission. This is a new tool. The next map depicted the Active Joint Land Use Studies 2003. Arizona and California represent two (2) unique cases. Sixty-four (64) bases in California remain after twenty-three (23) closures. California wished to make sure the land use decisions around those bases will sustain the mission. Guidelines are being developed and air corridors reviewed. Some of the military training routes out West, the planes whether manned or not, fly 200 feet above the ground, following the map of the earth. There are interests in California which wish to hanJest wind energy with wind turbines. Some of these wind turbines rise 1,000 feet and encompass farms on the sides of mountains. Either the corridors have to be redesigned in such a way as to be protected in order to fly the mission for national defense. The pilots have to train like they fight - at night. Mr. Davis advised the OPNA V INSTRUCTION 1101 0.36B AICUZ PROGRAM affects every Naval Air Station in the United States. This is not a requirement, but a standard. The City can either accept, modify or reject the standard suggested by the Navy. Mr. Davis is not aware of cities similar in size to Virginia Beach dealing with this change in instruction. Mr. Davis believes this would be an issue in Miramar, California. Relative financial support to buy up development rights, Mr. Davis advised the Office of Economic Adjustment is a planning, not implementing, organization. The Department of Defense has developed and signed off a program dealing with the Conservation Partnerships. This program is still in its infancy and the standards are being established. The Office of Economic Adjustment does not agree to undertake the Joint Land Use Study (JLUS) until determinations and findings are made. This will be based upon the City's application. This Decision will be made by the Director of the Office of Economic Adjustment. This decision has not vet been made. January 27, 2004 - 7 - C I T Y MANA G E R 'S B R I E FIN G RECAP AND CURRENT STATUS ON EXPENDITURES FOR MUHAMMAD TRAIL 2:47 P.M. ITEM # 52126 Sheriff Paul J. Lanteigne advised the John Allen Muhammad Trial began October 14, 2003, and concluded November 24,2003. Formal sentencing was setfor February 12, 2004 in Prince William County; however, has been delayed until March 10, 2004. Lee Boyd Malvo 's sentencing will also be on March 10, 2004, but in Chesapeake. Offenses have occurred in a number of other jurisdictions. However, jive (5) victims were in Virginia. Three (3) of these were fatalities and two (2) are attempted murders. With the two (2) co- conspirators, this is a potentialfor ten (10) trials. As Virginia has had two (2) trials, eight (8) potential trials remain. Each Commonwealth Attorney will be the sole judge as to whether to proceed. Spottsylvania Country already has an indictment for Messrs Muhammad and Malvo. Prince William and Fairfax also have indictments. The other two jurisdictions, Fredericksburg and Ashland, involved attempted murder. The Judge, depending upon the request from the Prosecutor and the Defense Attorneys, will make the decision as to where the trials will be held. David Sullivan, Chief Operating Officer, displayed an aerial photograph of the Judicial Center approximately two (2) weeks into the Muhammad Trial. TRIAL-RELATED GOALS AND CONCERNS Take reasonable and necessary steps to insure the safety, security and accommodation of all persons associated with the Trial. Insure the Municipal Center and Judicial Center can continue to serve our citizens with a minimum of inconvenience Effectively manage the peak times during which our citizens and workers at the Municipal Center will experience some inconvenience due to the magnitude and scope of this trial MUHAMMAD TRAIL TASK FORCE Sheriff Paul J. Lanteigne and David Sullivan, Chief Information Officer Security: Media: Chief Deputy Rick Schoonover Paula Miller Captain Ray Eisenberg Diane Roche Logistics: Administrative Barry Shockley Susan Walston John Herzke Catheryn Whitesell January 27,2004 - 8- C IT Y MANA G E R 's B R I E FIN G RECAP AND CURRENT STATUS ON EXPENDITURES FOR MUHAMMAD TRAIL ITEM # 52126 (Continued) The Media Presence 599 media representatives (reporters and crews) from 109 media outlets were credentialed 21 satellite trucks and 20 tents were stationed at the media compound outside the Courthouse 120 news reporters and producers worked in the Media Center and viewing area in Building 19 every day Media Satisfaction Survey: rated on a scale of 1 to 5 with 5 being the highest, the average score was a 4. 7 "This was the best filing center I've worked in during nearly 25 years of covering news in Washington, DC. Better than any White House State Department filing center - better than those on trips to various stops with U.S. officials over the world. Wonderful facilities - desks, chairs, lights, phones and, best of all, the Internet and wireless connections as well as very helpful Personal Relations staff." Associated Press/Radio Staffing Costs Overtime and additional staff expense Police Overtime Sheriff Excess Leave Buyout Other City Staff Total Overtime $ 80,982 64,634 20,271 $ 165,887 Regular Salary - "redirected staff costs" Police Salary Sheriff's Salary Other City Staff Total Regular Salary $ 218,952 191,634 138,672 $ 549,258 Virginia State Police provided six (6) troopers for a twelve (J 2) hour shift every night of the trial. Estimated City overtime costs avoided as a result of their effort was $84,000. Approximately 16,000 hours were expended on the Trial, the equivalent of ten (J 0) full time employees per year. January 27, 2004 -9- C IT Y MANA G E R 'S B R I E FIN G RECAP AND CURlUlVT STATUS ON EXPENDITURES FOR MUHAMMAD TRAIL ITEM # 52126 (Continued) EXPENSES AS OF DECEMBER 31ST Cost Category August Estimates October Estimates Actual Expended Security Improvements $ 100,000 $ 85,000 $102,152 Maintenance/Shuttle $ 50,000 $ 45,000 $ 68,072 Closed Circuit TV $ 150,000 $ 68,000 $ 71,954 Parking, Traffic Control $ 150,000 $ 25,000 $ 25,853 Media Accommodations $ 100,000 $123,000 $124,783 Personnel Costs $ 250,000 $150,000 $165,887 Total $800,000 $496,000 $558,701 Sheriff Lanteigne referenced the Reimbursement Efforts: $200,000 of Federal funding, proposed by 2nd District Congressman Schrock, passed the House as part of the Omnibus Appropriations Bill- Passed by the Senate on January 2,2004 Virginia 8th District Senator Stolle has patroned a budget amendment to provide reimbursement to both Virginia Beach and Chesapeake for retrial related expenses $40,000 in fees collected from media outlets Congressman Forbes has also secured $200,000 for the City of Chesapeake. Mayor Oberndorf expressed appreciation for the dedication of David Sullivan, Sheriff Lanteigne and the staff for their efforts in conducting a dignified trial. Next Steps Robert Matthias, Assistant to the City Manager, has been coordinating with Senator Stolle, Delegate Wardrup's Office, and the Secretary of Public Safety to ensure State reimbursements. Complete transfers from the Muhammad Trial Reserve Fund. created by City Council on August 26, 2003, to reimburse departments for actual expenses. Remove remaining infrastructure from James Madison Boulevard. For a few months, the actual physical electrical infrastructure will remain and drop back down into the vaults below the surface. There would be a cost of$7,000 or $8,000 to reinstall should the trial come back to the City. January 27, 2004 - 10- C IT Y MANA G E R 'S B R I E FIN G RECAP AND CURRENT STATUS ON EXPENDITURES FOR MUHAMMAD TRAIL ITEM # 52126 (Continued) Sheriff Lanteigne advised, prior to the trial, an assessment of security needs by the Police and Sheriff's Departments were conducted of the Court Complex. It was determined, security location changes were necessary. It would not be prudent to return to a less secure environment which existed prior to the trial. Additional manpower is necessary to decrease the lines at the Security Check Points. The media was very professional and complied with all requests relative security. This was a team effort. January 27,2004 - 11 - C I T Y MANA G E R (S B R I E FIN G MUNICIPAL SKATE PARK 3:10 P.M. ITEM # 52127 Cindy Curtis, Director of Parks and Recreation, advised the new 24, 000 square foot Mount Trashmore Skate Park was opened for public use on August 12, 2003. City Council was subsequently briefed about a citywide skate park strategy on August J 9, 2003. The facility's Grand Opening and Ribbon Cutting Ceremony was November 1, 2003. During the August 19, 2003, Briefing. the City Council directed Parks and Recreation to staff the Skate Park in order to monitor behavior and institute a helmet requirement. Parks and Recreation was also directed to develop options and recommendations for staffing and user fees. A Market Survey of Regional Skate Parks was conducted: Chesapeake, Elizabeth City, HaMpton, Isle of Wight County, James City County and Nags Head: Facility and Size User Fee Staffed Comments Chesapeake Daily Guest Pass $ 5 Yes Open various hours depending on the season (8,000 sf) Annual Youth Pass: and day of week; helmets and pads are Resident $5 required Non-resident $20 Annual Adult Pass: Resident $15 Non-resident $35 Elizabeth City, NC Daily Pass $1 Yes Open various hours depending on the season (7,000 sf) and day of week; helmets and pads are required Hampton No user fee No Open sunrise to sunset,' helmets and pads are (3,000 sf) recommended but not required Isle of Wight County No user fee Yes Open various hours depending on the season (8,000 sf) and day of week; helmets and pads are required James City County No user fee No Open sunrise to sunset,. helmets and pads are (10,000 sf) recommended but not required Nags Head, NC YMCA Membership Yes Various hours of operating depending on the (15,000 sf) required season and day of week; helmets and pads are ($10 Daily Pass) required ($30 JVeekly Pass) Annual Resident: Individual $25 F ami~y $40 Annual Non-resident: Individual $60 F ami~y $90 January 27,2004 - 12- C IT Y MANA G E R 'S B R I E FIN G MUNICIPAL SKATE PARK ITEM # 52127 (Continued) Ms. Curtis cited the Staffing and User Fee Options: Option 1 User Fee Staffing and Miscellaneous Budget Impact No user fee Two year-round, part time positions (1. 7 $23,134 FTE's) to enforce helmet requirement, monitor use of facility and ensure facility safety and security. Option 2 User Fee Staffing and Miscellaneous Budget Impact Daily Pass Youth: Four year-round, part-time positions (3.4 $ 46,768 Resident $ 2 FTE's, $46,268) to collect user fees (two Non-resident $ 4 person rule), enforce helmet requirement, monitor use of facility and ensure facility safety Daily Pass Adult: and security. Resident $ 3 Non-resident $ 6 Printing of passes/wristbands ($500) Annual Pass Youth: Resident $20 Non-resident $40 Annual Pass Adult: Resident $30 Non-resident $60 The Parks and Recreation Department recommended Option #2, which provides reasonable part-time staffing to collect user fees, enforce helmet requirement, monitor behavior and ensure facility safety and security. Option #2 establishes reasonable user fees for both residents and non-residents/visitors. Ms. Curtis advised this facili~y is closed on all City Holidays; however, based upon the feedback, Mount Trashmore Park and the skateboardfacility will be open all City Holidays with the exception of Christmas, Thanksgiving and New Years. There have been no requests for rental of equipment. Ms. Curtis believes, if the staff continues to monitor the facility, at least a couple of helmets should be provided. Ms. Curtis said there is no method to survey the participants, at the present time. She estimated participation currently represents 70% residents and 30% non-residents. There is a plan to have mobile vending located in this vicinity. January 27,2004 - 13- C IT Y MANA G E R 'S B R I E FIN G MUNICIPAL SKA TE PARK ITEM # 52127 (Continued) Ms. Curtis advised marketing has been received from National magazines. The Association for Parks and Recreation has run a full page spread on the Skate Park. Tourism has been working closely to capture potential action park events. A Request for Proposal (RFP) is currently in development to generate responses from the private sector for interest in partnering with the City or in developing their own proposal re a Skate Park in Princess Anne Commons or other parts of the City. Councilman Maddox suggested an HRT bus route be established from the Oceanfront to the Skate Park. This would be a significant source of revenue. Councilman Maddox shall review this possibility. Mayor Oberndorfrequested transportation also be investigatedfor those childrenfrom the neighborhoods (Princess Anne Plaza, Green Run, Kempsville) whose parents work during the day and who would be unable to walk to the Skate Park. Ms. Curtis summarized the direction of City Council. There shall be no fees for the residents of the City. There would be a membership card stating the rules and regulations for the youth on the reverse side. These cards would only cost approximately $1.00 each to produce. Residency verification can be proved by the parents. A method to pay for these cards could be the use of sponsorships, with the sponsors name on the back. A memorandum shall be provided relative increase in the rates for non-residents Ms. Curtis advised the sponsorship and marketing arm is actively developing opportunities. Corporate entities are benefitting from the creation of this new facility. January 27, 2004 - 14- C I T Y MAN AGE R 'S B R I E FIN G COX CABLE FRANCHISE RENEWAL 3:45 P.M. ITEM # 52128 David C. Sullivan, Chief Information Officer, advised the current Cox Cable Franchise was adopted by City Council on May 7, 1991, with an effective date of May 17, 1992. This Franchise has a 15-year term, expiring May 16, 2006. The Franchise is non-exclusive with a payment to the City of jive (5%) percent of annual gross revenues from cable service. On~y Mayor Oberndorf, Vice Mayor Jones and Council Lady McClanan were on the City Council in 1991 when this Franchise was adopted. Criteria for Renewal The Franchise Agreement provides that the City will either grant or deny the renewal based on the following: Cox's compliance with the material terms of the existing franchise and applicable law The quality of Cox's current services, including signal quality, response to consumer complaints and billing practices but without regard to the mix or quality of cable services or other services provided over the system in light of community needs Cox's jinancial, legal and technical ability to provide the services, facilities and equipment as set forth in the operators proposal Cox's proposal is reasonable to meet the future cable related community needs and interests Topics of Interest Customer service quality and reliability of cable signals, new cable services desired, local community programming and related issues regarding the delivery of cable services. Areas in which the City has very limited authority Rates for cable services and types of programming Review the Ci~y's needs and interests relating to public educational and governmental (PEG) access City Departmental review January 27, 2004 - 15 - C I T Y MANA G E R 'S B R I E FIN G COX CABLE FRANCHISE RENEWAL ITEM # 52128 (Continued) Mr. Sullivan advised the City is in the initial stages and has a Cox Franchise Renewal Steering Committee composed of Chair David Sullivan -Chief Information Officer, Gwen Cowart - Director of ComIT , Management Services and City Attorney's Office. The City will engage the services of a cable franchise attorney and technical experts to assist in the renewal process. Procedures for Renewal Notice of Intent to Renew and Responses Cox notified the City of its desire to renew by letter received July 24, 2003 from Franklin Bowers to Jim Spore City's Response The City shall conduct a review of information regarding the cable related needs of the community, performance of Cox under current franchise, Cox's compliance with material terms, Cox's service with regards to technical, customer services, quality and level of services, and Cox's ability (financial, legal, technical) to meet future community needs by June 30, 2004. Information Gathering Comparison with other Cities Obtain franchise agreements from other Hampton Roads cities to compare features and services Customer Survey Conduct surveys, focus groups and public forums Develop a Needs Assessment Technical Review Audit existing franchise Development of franchise compliance analysis Public input, meeting and hearings Evaluation Stage Evaluation of survey results Community needs Assessment report prepared Proposed Application and Draft for Response Finalize Application and Draft for Response (Spring of 2006) January 27,2004 - 16 - C I T Y MAN AGE R 'S B R I E FIN G COX CABLE FRANCHISE RENEWAL ITEM # 52128 (Continued) Proposal and Negotiation Proposal Distribute application and draft for response to Cox Cox submits its response to application and draft for response Negotiation Preparation of a report outlining the response of Cox and issues for negotiation Negotiating Committee will conduct negotiations with Cox Final recommendations of the Committee will be reviewed Public Hearing and Adoption A Public Hearing will be conducted on the recommendations of the Committee The City Council adoption target date is March 14, 2006 (May 9, 2006, is the last possible adoption date) Resolution (including specific findings) approving or denying the renewal of the request Ordinance and Franchise Agreement Acceptance and Closing Requirements The City and Cox have agreed to proceed informally with each party having the right to invoke formal procedures under ~ 626 of the Cable Act. Cox has the right to appeal a denial of the renewal. The Courts shall grant appropriate relief if Cox can demonstrate any action of the City is not in compliance with the criteria for renewal. Mayor Oberndorf appointed Council Members Eure and Villanueva as Council Liaisons to the Cox Franchise Renewal Steering Committee. Mr. Sullivan advised there are 136 household subscribers to Cox, the highest in Hampton Roads. Council Lady Wilson advised when the school system went to distance learning, Cox contributed infrastructure and funds to this process. Thomas A. Prevette, Vice President - Government and Public Affairs, Cox Communications, has been a partner with the City of Virginia Beachfor twenty-five (25) years. The City has had one cable operator for twenty-five years. Today Cox provides service to twenty-three (23) franchises and military bases throughout Hampton Roads. There have over 2300 employees. January 27, 2004 - 17 - C IT Y MAN AGE R 'S B R I E FIN G COX CABLE FRANCHISE RENEWAL ITEM # 52128 (Continued) Mr. Prevette advised Cox is concerned with ongoing escalated expenses. The customers want to know what is driving the cost of individual rate increase. Cox has made an issue ofrising sports program related costs. Cox is negotiating with ESPN every week to resolve that issue. A public relations campaign between ESPN and Cox tries to scare the customers into believing ESPN will be removed from the lineup. This is not true. Cox is concerned with reasonable rate hikes and a five (5) or ten (10) year agreement with ESPN. Over the last ten years, ESPN's rates have increased 500%. Deputy City Attorney Macali advised relative the suit concerning cable modem fees, a group of localities and other associations appealed an FCC decision to the Ninth Circuit Court of Appeals in California. This is presently pending a rehearing. The Federal Communications Commission is having another proceeding to determine whether or not localities can charge for cable modem fees. The bottom line so far concerning the City's case has said the City could not charge cable modem fees. However, this is still in Court. Mr. Prevette advised Cox has investedfor $112-BILLION in upgrading the Cox system to aI/ow providing not only video but voice and high speed data. Deputy City Attorney Macali advised a competing company would have to build their own equipment, they would not be allowed to utilize Cox's infrastructure. Mayor Oberndorf referenced the Cable Service, formerly located at the Oceanfront, which provided service mainly to the hotels in the resort area. Mr. Sullivan advised Cox purchased this service prior to their 1991 franchise with the City. Service was expanded to Blackwater and Creeds by Cox as a condition of their franchise. January 27, 2004 - 18 - COUNCIL DISCUSSION EMERGENCY RESPONSE SYSTEM - ERS 4: 28 P.M. ITEM # 52129 Councilman Diezel presented his view and recommendations of the Emergency Response System (ERS) . His comments were simply a starting point for discussion.. The report references seven hundred (700) volunteers and possibly two hundred (200) of these volunteers might not be participatingfor various reasons which leaves five hundred (500) to provide the service. Sixty (60) of these volunteers are first responders. First responders need supervision of a higher level to perform. Thus, 450 volunteers remain, of those possibly 50% provide the bulk of the day-in-day-out duty requirements. William G. Laws, President - Council of Virginia Beach Volunteer Rescue Squads, Inc, had previously spoken relative his own personal schedule which involves approximately thirty-five (35) to forty (40) hours per week as both a company officer and part of the squad. As Councilman Diezel has known Mr. Laws for twenty (20) years, he believes this figure to be conservative. Councilman Diezel distributed Pages II, 61, 70, 71, 72, 73, 74,75, 76, 77 and 78 from Department of Management Services relative the ERS recommendations. Councilman Diezel referenced Page 61 relative Enhancement Goals and Universal Enhancement Recommendations. Councilman Diezel suggested, under Universal Enhancement Recommendations, all recommended expenditures be deferred with the exception of the CAD system, or Computer Aided Dispatch 911. There appears to be a serious problem relative collection, analyzation and accuracy of data. The goal of this program is to process all incoming calls in 60 seconds or less. Process improvements, relative the number of questions asked, are necessary in order to achieve this goal. This recommendation would reduce the total cost to $2.4 MILLION. Option 5, Hybrid System, on Page 70 recommends the hiring of twenty-nine (29) new personnel. Twenty- eight (28) would be Paramedics in the EMS Department, including a shift supervisor, to provide continuous Advanced Life Support (ALS) coverage in zone cars. Councilman Diezel concurs with this recommendation. However, this recommendation has a number of assumptions. One of the assumptions is the hiring of the personnel, then the volunteer personnel who are in Zone Cars can be shifted to man ambulances which will increase the average number of ambulance runs in the City. Councilman Diezel would prefer to see this work before assumption. The "core" service for the volunteer rescue system is the ambulance. There are thirty-two (32) ALS equipped ambulances in this City. Councilman Diezel does not wish to expend a great deal of funds on a system that is based on assumptions. Management staff has indicated this system should be evaluated every six (6) months and Councilman Diezel concurs. Councilman Diezel recommends the additional personnel be hired at a General Pay Plan Level 22, rather than 25 which is the same as a Master Police Officer and Firefighter. This enables Chief Bruce Edwards to evaluate the newly hired personnel. Councilman Diezel does not recommend stipends until the system proves functional. Councilman Diezel would like to see the Target Time of 12 minutes cut in 'half, if possible. However, he understands the southern end of the City will never meet this goal. Relative the Fire Department, there are twenty-six (26) practicing Paramedics. Over thirty (30) are qualified by the state and the local Tidewater Emergency Medical Counsel, who provide services in other jurisdictions, but not in Virginia Beach. It would be interesting if these volunteer paramedics could come back on board within this system, thus having approximately twenty (20) ALS providers as First Responders off the Fire Truck every shift. This would provide virtually every Fire Station in the City as a First Responder support to the Volunteer system with ALS capabilities. Councilman Diezel is not be in favor of a tax increase to provide this service and suggested third party billing, not subscriptionfee. The Volunteers have stated a subscription process would negatively impact their fund raising. Councilman Diezel concurs with the hiring of an additional Operational Medical Director. January 27,2004 - 19- COUNCIL DISCUSSION EMERGENCY RESPONSE SYSTEM - ERS ITEM # 52129 (Continued) City Council expressed concern relative not including the Automatic External Defibrillators and the Automatic Vehicle Locator System. The City Manager suggested City Council discuss this at the City Council Retreat and outline a process to address the issue. A roundtable discussion with City Council and the participants, Emergency Medical Services, Fire and Police Departments, and a Public Comment Sessionfollowing the roundtable discussion shall be scheduled. The City Nlanager shall formulate proposed dates and distribute these to City Council for their consideration. January 27,2004 - 20- AGE N DA REV I E W S E S S ION 5:35 P.M. ITEM # 52130 /.2. Resolution to ACCEPT and APPROVE the concept of the Old Beach District study,' and, A UTHORIZE the committee to continue its public involvement process with a final recommendation on the refined study after the consultant completes its work. Councilman Maddox advised the Chairman William D. Almond - Old Beach District Master Plan Advisory Committee, will be in attendance to speak relative the Study. Councilman Maddox advised four hundred (400) people attended the Public Hearing. Council Lady McClanan advised receipt of the commentsfrom the Public Hearing. Copies of the comments shall be provided to City Council. This item shall be discussed during Formal Session ITEM # 52131 Vice Mayor Jones and Councilman Maddox distributed a proposed ADD-ON Resolution: Resolution re City's Support of Bus Rapid Transit (BRT)/requesting TEA-21 Reauthorization Bill include funding a Feasibility Study re extending the project to the Town Center. ITEM # 52132 The City Attorney referenced and distributed: Resolution opposing Senate Bill (SB 58) re repair and maintenance of certain nonconforming signs and billboards. Robert Matthias, Assistant to the City Manager, had requested the City Attorney draft this Resolution. Council Lady McClanan was in agreement with Mr. Matthias. Deputy City Attorney MacaU advised this Bill would divest the City of a substantial amount of zoning authority re non-conforming signs and billboards. This Bill would probably apply to on-premises signs within sight of certain highways. ITEM # 52133 Mayor Oberndorf referenced the newspaper article concerning legislation, House Bill 412, being introduced to limit the City's local meal and transient lodging taxes. This Bill would have implications especially concerning the raising of funds for the new Convention Center. By Consensus, the City Attorney shall DRAFT a Resolution to be ADDED to the Agenda: Resolution opposing House Bill (HB 412) re local meal and transient lodging taxes. January 27,2004 - 21 - AGE N DA REV I E W S E S S ION ITEM # 52134 K.2. Ordinance to DECLARE EXCESS PROPERTY at Independence Boulevard and Columbus Street; and, AUTHORIZE the City Manager to execute an Agreement of Sale to Crawford Properties, L.L. C. (KEMPSVILLE - DISTRICT 2) Senior City Attorney Carol WHahn distributed a Revised Ordinance. This property is being sold for use as a planned retail store off Independence Boulevard. The City Council is concerned about the property being used for this purpose and the City having the right to repurchase same in the event this property is not developed as a high quality retail store. In the event the developer does not commence construction within twenty-four (24) months, the City has the right to repurchase this parcel,. and, if the developer chooses to sell the property for a use other than the retail store, the City will have the right to repurchase this parcel plus the adjacent parcel. A declaration of restrictive covenants in the deed shall dictate the uses. Council Lady Wilson DISCLOSED and will ABSTAIN pursuant to Conflict of Interests Act ~ 2.2-3115 (E) relative this Ordinance. Crawford Properties, LLC is a client of the accountingfirm, Goodman and Company where her husband is a principal in the firm and personally provides services to Crawford Properties, L.L. C. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. ITEM # 52135 K.4. Ordinance to A UTHORIZE the City Manager to execute the First Amendment to the Post-Closing Agreement (June 11,2003) with LifeNet re purchasing the remaining 6.57 acres of the original 21.81, more or less, acres, Parcel 5, at Princess Anne Road and Concert Drive. (PRINCESS ANNE - DISTRICT 7) Council Lady Eure expressed concern relative LifeNet and the City being entitled to exercise its right to repurchase the Property ifit gives notice to repurchase to the Bank and LifeNet withinjifteen (15) business days of receipt of the Bank's notice of default on the loan. Council Lady Eure requested this time frame be AMENDED. Associate City Attorney Vanessa T Valldejuli advised the Post-Closing Agreement has been Revised and the City will have thirty (30) business days to give notice to repurchase the property. The applicant and Bank are in concurrence. Attorney Eric Hauser advised LifeNet 's project has grown and they expect to develop the entire site. They expect to begin constructing the foundation in April. There is no portion that will be undeveloped. The City Attorney advised there will be a performance bond with the Bank, but if for any reason the Bank should drop this requirement, then the Bond must be infavor of the City. There will always be a Performance Bond in place to ensure completion of the project. January 27,2004 - 22- AGE N DA REV I E W S E S S ION ITEM # 52136 BY CONSENSUS, the following shall compose the CONSENT AGENDA: RESOLUTIONS J.2. A Joint Resolution of City Council and Virginia Beach School Board to REQUEST that the United States Congress and the Virginia General Assembly refrain from enacting any additional under- funded or unfunded mandates and then review existing programs imposed by such mandates. ORDINANCES K.1. Ordinance to AMEND s2-90 of the City Code re restrictions on certain political activities by city employees and bring the City Code into compliance with the Virginia Code S 15.2-1512.2. K.2. Ordinance to DECLARE EXCESS PROPERTY at Independence Boulevard and Columbus Street; and, A UTHORIZE the City Manager to execute an Agreement of Sale to Crawford Properties, L.L. C. (KEMPSVILLE - DISTRICT 2) K.3. Ordinance to AUTHORIZE the acquisition of Agricultural Reserve Preservation (ARP) development rightsfor 77.57 acres at the Head of River Road from Barry D. and Paula W. Knight for $178,410. (Installment Agreement 2003-61). (PRINCESS ANNE - DISTRICT 7) K.4. Ordinance to A UTHORIZE the City Manager execute the First Amendment to the Post-Closing Agreement (June 11, 2003) with LifeNet re the purchase the remaining 6.57 acres of the original 21.81, more or less, acres, Parcel 5, at Princess Anne Road and Concert Drive. (PRINCESS ANNE - DISTRICT 7) K.5. Ordinance to ACCEPT and APPROPRIATE a $31,000 Grant from the Virginia Environmental Quality to the FY 2003-04 operating budget of the Department of Museums and Cultural Arts re a statewide stranding network for the Virginia Marine Science Museum (VMSM). K.6. Ordinance to ACCEPT and APPROPRIATE $10,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2003-04 operating budget re pre-deployment administrative costs for the urban search and rescue team. January 27, 2004 - 23 - AGE N DA REV I E W S E S S ION ITEM # 52136 (Continued) K.7.a. Ordinance to TRANSFER $5,000,000 from the Pavilion Theatre Replacement project and $750,000 from the Tidewater Community College Expansion to Rudee Loop Development - Phase I re purchase of property from Robert Herman Properties, L.L. C. b. Ordinance to A UTHORIZE the City Manager to execute an Option to Purchase approximately 2.73 acres at Rudee Loop from Robert Herman Properties, L.L. C. and Herman, Inc. Item K.2 shall be ADOPTED, AS REVISED, BY CONSENT. Council Lady Wilson DISCLOSED and will ABSTAIN on Item K.2. (Crawford Properties) pursuant to Conflict of Interests Act .9 2.2-3115 (E). Crawford Properties, LLC is a client of the accounting firm, Goodman and Company, where her husband is a principal in the accountingfirm and personally provides services to Crawford Properties, L.L. c.. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Me Clan an will vote NAY on Item K.3. Item K.4 will be ADOPTED, BY CONSENT, with Revised Agreement January 27,2004 - 24- AGE N DA REV I E W S E S S ION ITEM # 52137 PLANNING NO ,ACTION NECESSARY 1. Ordinance to amend Sections 111, 233.1,701,901,1001,1501,1511 and 1521 of the City Zoning Ordinance (CZO), pertaining to Conditional Use Permits re sales or service of alcoholic beverages in the H-1, B-1, B-2, B-3, B-3A, B-4, 1-1, 1-2, RT-1, RT-2 and RT-3 Zoning Districts (Deferred by the Planning Commission). ITEM # 52138 1.1. Application of Thomas E. Wright for the discontinuance, closure and abandonment of a portion of Lineberry Road. on the east side of Doctor Drive and northeast of Hospital Drive to incorporate the area into two adjoining residential lots. (DISTRICT 3 - ROSE HALL) Robert Scott, Director of Planning advised, the road is located where two subdivisions abut one another and the connection would not substantially improve circulation. The applicant resides at 300 Hospital Drive, adjacent to the east of the grassed portion of right-of- way proposed for closure. The resident on the west side of the grassed portion of right-of- way proposedfor closure is in agreement with this application. These two property owners have agreed to incorporate the area of the street closure into their respective lots. Each of the owners will fence in this area so pedestrian access will no longer be pedestrian access through this area. ITEM # 52139 1.3. Applications of 0 B F P, INC. on the east side of South BirdneckRoad, south of Bells Road. DISTRICT 6 -. BEA CH a. Change of Zoning District Classification from R-IO Residential District, A-12 Apartment District and B-2 Community Business District to Conditional I-I Light Industrial District re a light industrial office-warehouse park. b. Modification of a Conditional Use Permitfor Aqua Sports, Inc. (approved by City Council on June 23, 1986) . Council Lady Wilson DISCLOSED pursuant to Conflict of Interests Act S 2.2-3115 (H) relative 0 B F P, Inc. 's application. Her husband is a principal in the accounting firm of Goodman and Company and that company provides services to 0 B F P, Inc. and E.S.G.. Enterprises, Inc., which has a parent-subsidiary or affiliated business entity relationship with 0 B F P, Inc. Her husband does not personally provide services to 0 B F P, Inc. or E.S. G. Enterprises, Inc. The City Attorney has advised that although she has a personal interest in the transaction, because her husband does not personally provide service to 0 B F P, Inc. or E. S. G. Enterprises, Inc., she may participate without restriction in City Council's discussion of, and vote. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Eure advised in the original proffers of Aqua Sports, Inc., the hours of operation were limited. Assistant City Attorney Kay Wilson advised the hours would not be limited. January 27, 2004 - 25 - AGE N DA REV I E W S E S S ION ITEM # 52140 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING L.1. Application of Thomas E. Wright for the discontinuance, closure and abandonment of a portion of Lineberry Road, on the east side of Doctor Drive and northeast of Hospital Drive to incorporate the area into two adjoining residential lots. (D~TRICT3-ROSEHAL~ L. 2. Application of Bayside Presbyterian Church for a Conditional Use Permit re a columbarium at 1400 Ewell Road. (DISTRICT 4 - BAYSIDE) L. 3. Applications of 0 B F P, INC. on the east side of South Birdneck Road, south of Bells Road. DISTRICT 6 -- BEA CH a. Change of Zoning District Classification from R-I0 Residential District, A-12 Apartment District and B-2 Community Business District to Conditional 1-1 Light Industrial District re a light industrial office-warehouse park. b. Modification of a Conditional Use Permit for Aqua Sports, Inc. (approved by City Council on June 23, 1986) . Item L.3., Council Lady Wilson DISCLOSED pursuant to Conflict of Interests Act .9 2.2-3115 (H) relative o B F P, Inc. 's application. Her husband is a principal in the accountingfirm of Goodman and Company and that company provides services to 0 B F P, Inc. and E.SG.. Enterprises, Inc., which has a parent- subsidiary or affiliated business entity relationship with 0 B F P, Inc. Her husband does not personally provide services to 0 B F P, Inc. or E.SG. Enterprises, Inc. The City Attorney has advised that although she has a personal interest in the transaction, because her husband does not personally provide service to O. B. F. P., Inc. or E. S G. Enterprises, Inc., she may participate without restriction in City Council's discussion of, and vote. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. January 27,2004 - 26- ITEM # 52141 A CLOSED SESSION WAS NOT CONDUCTED. City Council convened/or dinner: 6:00 P.M. to 6:20 P.M. January 27, 2004 - 27- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 27,2004 6:20 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, January 27,2004, at 6:20 P.M. Council Members Present: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Absent: None INVOCA TION: Reverend John L. Amos Pastor, New Fellowship Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingjirm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andjile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of real estate agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and ofwhich she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose ofidentifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare andjile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. January 27, 2004 City- e>f Virgir1ia Beach ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE: (757) 422-0733 FAX: (757) 426-5669 January 27, 2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Disclosure-Goodman and Company Dear Mrs. Smith: My husband is a principal in the accounting firm of Goodman and Company. As a principal of Goodman and Company, he is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which my husband is not personally involved and of which I do not have personal knowledge. In that regard, I am always concerned about the appearance of impropriety that might arise if I participate in a matter before City Council in which Goodman and Company has an interest, but in which I have no personal knowledge of that interest. In order to ensure my compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is my practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict. If, during my review of the agenda for any given meeting of the Council, I identify a matter in which I have a "personal interest," as defined in the Act, either individually or in my capacity as the spouse of a principal of Goodman and Company, I will prepare and file the appropriate disclosure letter to be recorded in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, . ~(!U/~ Councilmember 310 53RDSTREET, VIRGINIA BEACH, VA 23451 City- e>f Virgir1ia .Beach ROSEMARY WILSON COUNCIL LAOV - AT-LARGE PHONE: (757) 422-0733 FAX: (757) 426-5669 January 27,2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Re: Conflict of Interests Act Disclosure-Prudential Decker Realty Dear Mrs. Smith: I am a real estate agent affiliated with Prudential Decker Realty ("Prudential"). Although I am an agent associated with Prudential, because of the nature of real estate agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which I am not personally involved and of which I do not have personal knowledge. In that regard, I am always concerned about the appearance of impropriety that might arise if I participate in a matter before City Council in which Prudential has an interest, but in which I have no personal knowledge of that interest. In order to ensure my compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act (the "Act"), it is my practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which I might have an actual or potential conflict. If, during my review of the agenda for any given meeting of the Council, I identify a matter in which I have a "personal interest," as defined in the Act, either individually or in my capacity as a real estate agent affiliated with Prudential, I will prepare and file the appropriate disclosure letter to be recorded in the official records of the Council. Thank you for your assistance and cooperation in this matter. Very truly yours, . JlIA/~at'a~ "R::;:;;A. Wilson Councilmember 310 53RoSTREET. VIRGINIA BEACH, VA 23451 - 28- Item V-E. CERTIFICA TION OF CLOSED SESSION ITEM # 52142 A CLOSED SESSION WAS NOT CONDUCTED. January 27, 2004 - 29- Item V-F. MINUTES ITEM # 52143 Upon motion by Council Lady Eure, seconded by Vice Mayor Jones, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of January 13, 2004. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: James L. Wood Council Members Absent: None Councilman Wood ABSTAINED, as he was returning from the Richmond General Assembly Session and missed approximately three (3) hours of the meeting of January 13, 2004.. - 30- Item V-G. ADOPT A GENDA FOR FORMAL SESSION ITEM # 52144 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION The following Resolutions were ADDED: Resolution re City's Support of Bus Rapid Transit (BRT)/requesting TEA-21 Reauthorization Bill to include funding a Feasibility Study re extending the project to the Town Center. Resolution opposing Senate Bill (SB 58) re repair/maintenance of certain nonconforming signs/billboards. Resolution opposing House Bill (HB 412) re local meal and transient lodging taxes. January 27, 2004 - 31 - Item V-G.1. MAYOR'S ANNOUNCEMEIVT ITEM # 52145 Mayor Oberndorf introduced the Boy Scout in attendance to earn his Citizenship in the Community Merit Badge: BOY SCOUT TROOP 791 NIMMO UNITED METHODIST CHURCH Jonathan Kalm (Accompanied by Father) January 27, 2004 - 32- Item V-H.l. PUBLIC HEARING ITEM # 52146 Mayor Oberndorf DECLARED A PUBLIC HEARING: EXCESS CITY PROPERTY at Columbus Street and Independence Boulevard There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 27, 2004 Item V-H. 2. PUBLIC HEARING - 33- ITEM # 52147 Mayor Oberndorf DECLARED A PUBLIC HEARING: AGRICULTURAL RESERVE PROGRAM (ARP) Barry D. and Paula W. Knight, Head of River Road There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. January 27, 2004 - 34- Item V-H.3. ADD-ON ITEM # 52148 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADDED to the Consent Agenda as Item J.3: Resolution re City's Support of Bus Rapid Transit (BRT)/requesting TEA- 21 Reauthorization Bill to include funding a Feasibility Study re extending the project to the Town Center. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. >>lood Council Members Voting Nay: None Council Members Absent: None January 27, 2004 - 35 - Item V-H.4. ADD-ON ITEM # 52149 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADDED to the Consent Agenda as Item J.4: Resolution opposing Senate Bill (SB 58) re repair andmaintenance of certain nonconforming signs and billboards. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2004 - 36- Item V-H.5. ADD-ON ITEM # 52150 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADDED to the Consent Agenda as Item J. 5: Resolution opposing House Bill (HB 412) re local meal and transient lodging taxes. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2004 - 37- Item V-JIK. RESOLUTIONS/ORDINANCES ITEM # 52151 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Resolution 2, and ADD-ON Resolutions 3, 4, 5 and Ordinances, 2 (AS AMENDED), 3, 4 (AMENDED LEASE), 5 and 6 of the CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady Wilson DISCLOSED and ABSTAINED pursuant to Conflict of Interests Act ~ 2.2-3115 (E) relative Item K.2. Ordinance to DECLARE EXCESS PROPERTY at Independence Boulevard/Columbus Street; and, A UTHORIZE the Agreement of Sale to Crawford Properties, L.1. C. Crawford Properties, LLC is a client of the accounting firm, Goodman and Company where her husband is a principal in the accounting firm and personally provides services to Crawford Properties, L.1. C. . Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady McClanan will vote a VERBAL NAY on Item K3. (ARP - Barry and Paula Knight) January 27, 2004 - 38- Item V-I.l. RESOLUTIONS/ORDINANCES ITEM # 52152 Chairman William D. Almond - Old Beach District Master Plan Advisory Committee, advised over four hundred (400) individuals attended the Public Hearing. Mr. Almond advised the Committee proposed the new City consultant deal with the thirteen (13) issues outlined in the letter to City Council of January 20, 2004. Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Resolution to ACCEPT and APPROVE the concept of the Old Beach District study; and, A UTHORIZE the committee to continue its public involvement process with a final recommendation on the refined study after the consultant completes its work. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2004 1 A RESOLUTION ADOPTING THE "OLD BEACH 2 DISTRICT STUDY" 3 WHEREAS, on November 4, 2003, the City Council established the 4 Old Beach District Master Plan Advisory Committee to study certain 5 issues concerning the implementation of the Old Beach Master Plan; 6 WHEREAS, part of the mission of the Committee was (1) to 7 familiarize itself with the "Creating an Old Beach District Center" 8 study dated February 14, 2003 ("Old Beach District Study") and the 9 market analysis prepared by URS, Bus Rapid Transit studies, and any 10 other studies pertinent to the development of the area; and(2) to 11 lead and engage the public in general and specific groups in the 12 discussion of plan design elements, with the groups to include the 13 Resort Advisory Committee, Planning Commission, Hampton Roads 14 Transit, and City Council and to bring forward recommendations to 15 City Council on the adoption of the Old Beach Master Plan, for 16 final approval by City Council on or before January 27, 2004; 17 WHEREAS, the Committee has thoroughly familiarized itself with 18 the contents of the Old Beach District Study, discussed it among 19 themselves, City staff and citizens; 20 WHEREAS, on January 12, 2004, an open house on the Study was 21 held and attended by nearly four hundred (400) people who came away 22 well-informed on the nature of the project; and 23 WHEREAS, the Committee has carefully reviewed the comments of 24 the open house and has recommended that the City Council approve 25 the Old Beach District Study in concept, subj ect to a thorough 26 investigation by the City's consultant of the following elements: 27 1. Schematic design of the linear park on 19th Street, 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 2 . including a recommendation of the properties to be acquired; Schematic design of cross-section, and acquired, if any; Schematic design of cross-section, and acquired, if any; Schematic integration of the new middle school site into the plan; 3 . 4 . 19th Street, including a workable detailing of properties to be 17th Street, including a workable detailing of properties to be 5 . An assessment of needed transportation, mobility improvements, and parking needs in the areas including identification of laneage and other needs for BRT, with reference to overall transportation needs of the resort area; Recommendations on strategies for engaging the private sector in appropriate development of privately owned land in this area; A set of detailed design guidelines for public and private development, redevelopment and renovation in the 6 . 7 . area; 2 49 50 51 52 53 54 55 56 57 58 59 8. A strategy for marketing and development for the City's II-acre site at Birdneck Road and 19th Street; 9. A schematic design of the oceanfront park linking the 19th Street corridor to the Boardwalk; 10. Schematic integration of the convention hotel development and the Dom Site development into the area plan; 11. A prioritization and sequencing of elements in the area master plan; 12 . A review of proposed zoning ordinance amendments to implement the master plan; and 13. Other topics as identified by the Advisory Committee. 60 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 61 OF VIRGINIA BEACH, VIRGINIA: 62 That the City Council hereby approves the Old Beach District 63 Study in concept, subject to a thorough investigation by the City's 64 consultant of the items listed above. 65 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 66 VIRGINIA BEACH, VIRGINIA: 67 1. That the Committee shall continue its ongoing public 68 involvement process with the community and the consultant. 69 2. That the Committee shall bring forward to City Council a 70 final recommendation on the refined Old Beach District Study once 71 the consultant has completed its work. 3 72 Adopted by the Council of the City of Virginia Beach, 73 Virginia on the 27t]~ day of January, 2004. CA-9098 F: I Data/Aty/OrdinINONCODE\old beachadopt.wpd R-3 - January 21, 2004 APPROVED AS TO CONTENT: ~ l~1.."O~ Plannin~artment APPROVED AS TO LEGAL SUFFICIENCY: VJ~JfJ! J1IaaI City Attorney's Office 4 January 20, 2004 Honorable Meyera E. Obemdorf, Mayor Members of City Council RE: Old Beach District Master Plan Advisory Committee Recommendations Dear Madam Mayor and Members of City Council: On November 4, 2003, you appointed the Old Beach District Master Plan Advisory Committee, and established as one of its tasks a recommendation on the adoption of the "Old Beach District Study" on or before January 27, 2004. To that end, we have thoroughly familiarized ourselves with the contents of the study, discussed it an10ng ourselves and with the city staff, and have held a public open house for the area residents to review the plan and to make comments. The open house, held on January 12 at the Pavilion, was extremely successful and attended by nearly 400 people, who came away well informed on the nature of the project. We have carefully reviewed the comments made at the open house and have formulated the following recommendation. We recommend that on January 27, 2004, the City Council approve the Old Beach District Study in concept, subject to a thorough investigation by the city's consultant of the following elements: CJ Schematic design of the linear park on 19th Street, including a recommendation of the properties to be acquired; CJ Schematic design of the 19th Street, including a workable cross-section, and detailing of properties to be acquired, if any; o Schematic design of 1 th Street, including a workable cross-section, and detailing of properties to be acquired, if any; o Schematic integration of the new middle school site into the plan; o An assessment of needed transportation, mobility improvements, and parking needs in the areas including identification of lane age and other needs for BRT, with reference to overall transportation needs of the resort area; o Recommendations on strategies for engaging the private sector in appropriate development of privately owned land in this area; o A set of detailed designed guidelines for public and private development, redevelopment and renovation in the area; o A strategy for marketing and development of the City's II-acre site at Birdneck Road and 19th Street; o A schematic design of the oceanfront park linking the 19th Street corridor to the Boardwalk; o Schematic integration of the convention hotel development and Dome Site development into the area plan; o A prioritization and sequencing of elenlents in the area master plan; o A review of proposed zoning ordinance amendments to implelnent the master plan; o Other topics as identified by the Advisory Committee. These elements should be addressed by the consultant as part of an ongoing public involvement process with this committee and with the community. Once the consultant has completed his work and has delivered to the city a refined District Study satisfactorily addressing each of the above points, then final approval should be given by the City Council to that refined District Study as the final Master Plan for the 19th Street Corridor and the Old Beach District. Sincerely, -Q/~"'r \), AlII\._ William D. Almond Chairman - 39- Item V-I. 2. RESOLUTIONS/ORDINANCES ITEM # 52153 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Joint Resolution of City Council and Virginia Beach School Board to REQUEST that the United States Congress and the Virginia General Assembly refrain from enacting any additional under-funded or unfunded mandates and then review existing programs imposed hy such mandates. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2004 Requested by Councilmembers Wilson and Villanueva 1 A RESOLUTION REQUESTING THAT THE COMMONWEALTH 2 OF VIRGINIA AND THE FEDERAL GOVERNMENT REFRAIN 3 FROM ENACTING UNDER-FUNDED AND UNFUNDED 4 MANDATES THAT REQUIRE EXPENDITURES BY LOCAL 5 GOVERNMENTS AND SCHOOL BOARDS 6 7 WHEREAS, both the Commonwealth of Virginia and the Federal Government have:. for 8 a number of years, enacted legislation creating required activities, performance standards, and 9 other measures without providing sufficient funding to comply with the requirements; 10 WHEREAS, many of these programs and requirements are insufficiently funded, not 11 funded at all, or their financial impact on local governments and school boards has not been fully 12 identified by the federal and state governments; 13 WHEREAS, these programs have come to be known as unfunded or under-funded 14 mandates; 15 WHEREAS, such unfunded or under-funded mandates include the recent federal '~o 16 Child Left Behind Act" for public schools, special education programs, such as the Individuals 17 with Disabilities Education Act (IDEA), state-imposed early retirement programs for all public 18 employees, and various standards, regulatory actions, rule making and inter-governmental 19 mandates; and 20 WHEREAS, local governments are compelled to comply with such unfunded or under- 21 funded mandates because they are statutory or lack of compliance generally will result in a loss 22 of other state or federal funding; 23 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL AND SCHOOL 24 BOARD OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 25 1. That the City Council and the School Board of the City of Virginia Beach hereby 26 request that the United States Congress and the Virginia General Assembly refrain from enacting 27 additional unfunded or under- funded mandates on local governments and school boards; and 28 2. That the City Council and the School Board of the City of Virginia Beach hereby 29 requests that the United States Congress and the Virginia General Assembly review existing 30 programs, such as those mentioned above, seek to minimize the imposition of financial burdens, 31 and reduce the requirements placed on local governments and school boards by these mandates. 32 Adopted by the Council of the City of Virginia Beach on 27th day of 33 January, 2004. CA-9089 OrdinIN oncode/mandates Resolution.doc R-2 January 21, 2003 APPROVED AS TO LEGAL SUFFICIENCY: ~~~ City Attorney's Office - 40- Item V-L3. RESOLUTIONS/ORDINANCES ITEM # 52154 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution re City's Support of Bus Rapid Transit (BRT) and requesting TEA-21 Reauthorization Bill to include funding a Feasibility Study re extending the project to the Town Center. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2004 REQUESTED BY VICE-MAYOR. LOUIS R. JONES AND COUNCILMAN RICHARD A. MADDOX 1 2 3 4 5 6 7 8 A RESOLUTION REAFFIRMING THE CITY COUNCIL'S SUPPORT OF THE BUS RAPID TRANSIT PROJECT AND REQUESTING THAT THE TEA-21 REAUTHORIZATION BILL INCLUDE FUNDING FOR A FEASIBILITY STUDY OF THE EXTENSION OF THE PROJECT TO THE VIRGINIA BEACH TOWN CENTER WHEREAS, on November 9, 1999, the City Council adopted 9 Resolution No. 99-2688 declaring, in light of the expression of 10 the voters in an advisory referendum held on November 2, 1999, 11 that the City will not participate further in the Light Rail 12 Transit (LRT) Project, and that no substantial portion of such 13 Project shall be located within the City of Virginia Beach; and 14 WHEREAS, there is currently being performed a feasibili ty 15 study for a proposed Bus Rapid Transit (BRT) Project in the 16 Virginia Beach resort Area, which study is expected to be 17 completed in the very near future; and 18 WHEREAS, federal regulations place both BRT and LRT in the 19 same federal "Fixed Guideway" program, such that the City 20 Council's rej ection of the LRT proj ect has been construed to 21 imply that the City Council does not support other Fixed 22 Guideway Projects; and 23 WHEREAS, the differences between the LRT and BRT Projects 24 are significant, such that the City Council's support of other 25 Fixed Guideway Projects is not inconsistent with its past 26 rejection of the LRT Project; and 27 WHEREAS, the City Council is also of the opinion that the 28 feasibility of extending Bus Rapid Transit to the Virginia Beach 29 Town Center should be studied with the eventual goal of regional 30 connectivity; and 31 WHEREAS, the cities of Norfolk and Virginia Beach are 32 negotiating collaboratively through Hampton Roads Transit to 33 purchase the Norfolk and Southern right of way; 34 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 35 OF VIRGINIA BEACH, VIRGINIA: 36 FIRST: 37 That the City Council hereby reaffirms its support for the 38 Bus Rapid Transit Project within the City of Virginia Beach; and 39 SECOND: 40 That the City Council hereby requests that funding for a 41 feasibili ty study for the extension of the BRT proj ect to the 42 Virginia Beach Town Center be included in the reauthorization of 43 the Transportation Efficiency Act for the 21st Century (TEA-21) 44 currently under consideration by Congress, and respectfully 45 requests the members of the City's Congressional delegation to 46 take such measures as may be necessary and appropriate to seek 47 such funding. 48 THIRD: 49 That the City Council declares support for the City of 50 Norfolk's pursuit of Light Rail in Norfolk, and respectfully 51 requests the members of the Ci ty' s Congressional delegation to 52 take such measures as may be necessary and appropriate to seek 53 such funding. 54 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 55 VIRGINIA BEACH, VIRGINIA: 56 That the City Clerk is hereby directed to transmit a 57 certified copy of this resolution to each member of the Ci ty' s 58 Congressional delegation. 2 59 60 61 Adopted by the Council of the City of Virginia Beach, Virginia, on this 27th CA-9101 wmm\ordres\BRTres.wpd R-2 January 27, 2004 day of , 2004. .T::Jnll::Jry 3 - 41 - Item V-I.4. RESOLUTIONS/ORDINANCES ITEM # 52155 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution opposing Senate Bill (SB 58) re repair and maintenance of certain nonconforming signs and billboards. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2004 1 2 3 4 A RESOLUTION IN OPPOSITION TO SENATE BILL 58, PERTAINING TO THE REPAIR AND MAINTENANCE OF CERTAIN NONCONFORMING SIGNS AND BILLBOARDS 5 WHEREAS, Senate Bill 58 (hereinafter "SB 58") is currently 6 pending in the General Assembly; and 7 WHEREAS, if enacted, SB 58 would significantly change existing 8 law governing nonconforming signs and billboards by removing local 9 authority over the maintenance and repair of nonconforming signs 10 and billboards visible from the main travelled way of any 11 interstate highway, federal-aid primary highway or national highway 12 system highway within the City and replacing that authority with 13 the regulations promulgated by the Cormnonweal th Transportation 14 Cormnissioner and administered and enforced by the Virginia 15 Department of Transportation (VDOT); and 16 WHEREAS, the regulations currently applied to billboards 1 7 wi thin the jurisdiction of VDOT are less restrictive than the 18 zoning regulations of the City of Virginia Beach; and 19 WHEREAS, the provisions of SB 58 would apply not only to 20 billboards, but to certain on-premises nonconforming signs within 21 the City of Virginia Beach as well; and 22 WHEREAS, the regulation of billboards and signs is a matter of 23 local land use, and should remain within the authority of local 24 governments; and 25 WHEREAS, it is the sense of the City Council that VDOT should 26 not have the authority to override the City's zoning regulations in 27 matters not involving property in which VDOT has an interest; 28 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 29 VIRGINIA BEACH, VIRGINIA: 30 That the Ci ty Council hereby expresses its opposi tion to 31 Senate Bill 58 and requests that the General Assembly decline to 32 pass Senate Bill 58 or any similar or amended legislation of like 33 import. 34 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 35 BEACH, VIRGINIA: 36 That the City Clerk is hereby directed to transmit a certified 37 copy of this Resolution to each member of the City's General 38 Assembly Delegation. 39 40 Adopted by the Virginia, on this 22th Council of the City day of Ja.nuary of Virginia , 2004. Beach, CA-9106 wmm\ordres\sb58res.wpd R-l January 27, 2004 A~~S lf1 L7V! ;:ZCIENCY: City Attorney's Office 2 vrRGINJA MUNICIPAL LEAGUE P.O. BOX 11164 . RICHMOND, VA 1]241 . 804/6-49-8471 . FAX: 80,,/341-1758 . E-MAIL: e-m"ih~vml.C)rs January 23, 2004 Billboard Bill changes nonconforming law on billboards - Your help is needed SB 58 (Martin) changes the rules for nonconforming signs and billboards that are subject to the Outdoor Advertising in Sight of Public Highways Act in Title 33.1. The bill requires localities to follow VDOT's regulations when dealing with the repair or maintenance of such signs and billboards. VDOT's regulations have three main elements that differ from existing nonconforming structures law: 1. VDOT uses replacement cost for valuing the sign. The replacement cost valuation method is used by a number of localities. However, others use an assessed value, which is typically lower than replacement cost. The lower figure tends to get rid of the nonconforming sign more quickly. 2. The repair may equal 60% of that value, instead of the 50% rule used in local nonconforming law. A few localities use a lower percentage in some cases. 3. lfthe sign is vandalized or destroyed by an intentional act or is destroyed by a hurricane or other act of God, it may be replaced, regardless of value. Further, if VDOT changes the regulations, it is difficult for local governments to participate in that process. As a result, the rules could change without local governments having a say. The Senate Local Government Committee reported the bill on a vote of 9 to 6. It is our experience that the General Assembly does not like nonconforming use policy that it authorized decades ago. Arguing that policy gets little positive response. Therefore, the prospects on the Senate floor and in the House are no better than in the committee. After the meeting, the possibility of a compromise arose. Under the deal, the bill would do the following: 1. Localities would be required to use replacement costs in requests to repair or maintain nonconforming billboards that are subject to the Outdoor Advertising in Sight of Public Highways Act in Title 33.1. 2. Localities could continue to use the 50% of value rule we now follow. 3. The bill would apply only to billboards advertising off-site items. (The proponents of the bill report that VDOT doesn't attempt to regulate on-site signs under the law. However, the language of the existing law makes it clear that on-site signs are covered.) VML needs your help. While we would prefer to defeat the bill, that is a risky course. The compromise is better than the bill, by far, but does cause problems for localities that use the assessed value. 1. Please talk with your senator to let him or her know your position. Try to determine how he or she may vote. Send a message to Mark Flynn on what you find out. 2. Let Mark FlYIm know whether you could accept a compromise along the lines set out above. If we cannot defeat the bill, we should pursue the compromise. We feel that a compromise should be worked out before the Senate votes, because the chance of a deal decreases once it goes to the House. This means that we must decide and act by Friday the 30th. A separate copy of this action call is being sent to the local government attorneys listserv. As with most bills, time is of the essence on this measure. Therefore, please email or call Mark or talk with your liaison as soon as possible. - 42- Item V-L5. RESOLUTIONS/ORDINANCES ITEM # 52156 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Resolution opposing House Bill (HB 412) re local meal and transient lodging taxes. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2004 1 2 3 4 A RESOLUTION IN OPPOSITION TO HOUSE BILL 412, PERTAINING TO LIMITATIONS UPON LOCAL MEAL AND TRANSIENT LODGING TAXES 5 WHEREAS, House Bill 412 (hereinafter "HB 412") is currently 6 pending in the General Assembly; and 7 WHEREAS, if enacted, HB 412 would prohibit cities from 8 imposing new meal taxes or raising the rates of such taxes without 9 the voter approval in a referendum; and 10 WHEREAS, HB 412 would also prohibit cities from levying a tax 11 upon transient room rentals at a rate that exceeds two percent 12 (2%), except that a city may levy a tax on transient room rentals 13 at a rate not to exceed five percent (5%), where any excess over 14 two percent (2%) shall be designated and spent solely for "tourism" 15 promotion; and 16 WHEREAS, HB 412 further provides that in localities, such as 17 the City of Virginia. Beach, where the transient tax rate already 18 exceeds five percent (5%), the rate of such tax may not be 19 increased without voter approval in a referendum; and 20 WHEREAS, the enactment of HB 412 would seriously impair the 21 ability of localities, including the City of Virginia Beach, to 22 determine the means by which they obtain needed revenues; and 23 WHEREAS, the limitation on local authority to tax meals and 24 transient lodging forces locali ties that are faced wi th rising 25 costs of providing services to its citizens to increase other taxes 26 or to depend more heavily upon the Commonwealth or other uncertain 27 sources of revenue; and 28 WHEREAS, the limitation of local governments' ability to raise 29 revenues is especially detrimental to their interests during times 30 of adverse economic conditions, such as the present time; 31 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 32 VIRGINIA BEACH, VIRGINIA: 33 That the City Council hereby expresses its opposition to House 34 Bill 412 and requests that the General Assembly decline to pass 35 House Bill 412. 36 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 37 BEACH, VIRGINIA: 38 That the City Clerk is hereby directed to transmit a certified 39 copy of this Resolution to each member of the Ci ty I S General 40 Assembly delegation. 41 Adopted by the Council of the City of Virginia Beach, 42 Virginia, on this 27th day of January, 2004. CA-9107 wmm\ordres\hb412res.wpd R-1 January 27, 2004 - 43- Item V-J.1. RESOLUTIONS/ORDINANCES ITEM # 52157 Richard Kowalewitch, 305 16th Street, Phone: 428-7363 Upon motion by Vice Mayor Jones, seconded by Councilman Maddox, City Council ADOPTED: Ordinance to S2-90 of the City Code re restrictions on certain political activities by city employees and bring the City Code into compliance with the Virginia Code ~ 15.2-1512.2. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2004 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO AMEND CODE PERTAINING TO POLITICAL ACTIVITIES EMPLOYEES TO CONFORM LAW THE CITY CERTAIN BY CITY WITH STATE SECTION AMENDED: 8 2-90 BE IT ORDIANED BY THE CITY COUNCIL OF THE CITY OF 11 VIRGINIA BEACH, VIRGINIA: 12 That Section 2-90 of the City Code is hereby amended 13 and reordained to read as follows: 14 15 Sec. 2-90. Restrictions on certain political activities by 16 city employees. 17 18 (a) The provisions of this section shall apply to all 19 members of the merit service of the city (as defined by chapter 20 2, article III, division 1, section 2-76 of the Code of the City 21 of Virginia Beach), the ci ty manager and all department heads 22 and employees appointed by him, officers appointed by the ci ty 23 council, and all staff assistants in those departments 24 (including the city clerk, city attorney, and real estate 25 assessor, but excluding members of boards and commissions) . 26 (b) The restrictions of this section are designed to 27 protect every employee's right to vote and to keep this right 28 free from interference, solicitation or dictation by any fellow 29 employee, supervisor, official, or candidate. Every employee is 30 encouraged to exercise his or her right to vote and cast his or 31 her ballot in every appropriate election and shall be free to 32 express his or her opinion as to candidates or issues at any 33 time except during working hours or when officially representing 34 the City of Virginia Beach. 35 (c) No person to whom this section applies shall use the 36 status or prestige of his or her position with the city on 37 behalf of or in opposition to any candidate for elective office. 38 (d) No person to whom this section applies shall use any 39 ci ty funds, supplies, or equipment for poli tical purposes, nor 40 shall any such person wear his or her city uniform while 41 participating in any manner in political activities. 42 +e+ No peroon to ',;hom thi8 8ection .J.pplieo 8h.J.ll become .J. 43 c.J.ndid.J.te for m.J.yor or city council member of the City of 44 '}irgini.J. Be.J.ch. 45 +E+ No peroon to '.:hom thio 8ection .J.pplieo oh.J.ll 46 p.J.rticip.J.te in politic.J.l ffi.J.n.J.gement or politic.J.l c.J.ffip.J.igning 47 .J.8ooci.J.ted T,Ji th the election of .J.ny peroon to the pooi tion of 48 m.J.yor or city council member of the City of Virgini.J. Be.J.ch. 49 (~~) The provisions of this section shall be enforced in 50 concert with applicable city and departmental policies and 51 procedures. 52 (fii) Violation of this section shall constitute a cause for 53 dismissal from employment. 2 54 55 Adopted by the Council of the City of Virginia Beach, 56 Virginia, on the 27th day of January, 2004. CA-8228 ORDIN/NONCODE/02-090ordalt.doc R-1 January 21, 2004 3 - 44- Item V-J.2. RESOLUTIONS/ORDINANCES ITEM # 52157 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, AS REVISED: Ordinance to DECLARE EXCESS PROPERTY at Independence Boulevard and Columbus Street; and, A UTHORIZE the City Manager to execute an Agreement of Sale to Crawford Properties, L.L. C. (KEMPSVILLE - DISTRICT 2) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva and James 1. Wood Council Members Voting Nay: None Council Members Abstaining: Rosemary Wilson Council Members Absent: None Council Lady Wilson DISCLOSED and ABSTAINED pursuant to Conflict of Interests Act 9 2.2-3115 (E) Crawford Properties, LLC is a client of the accounting firm, Goodman and Company where her husband is a principal in the accounting firm of Goodman and Company and personally provides services to Crawford Properties, 1.1. c.. Council Lady Wilson's letter of Janumy 27, 2004, is hereby made a part of the record. January 27, 2004 Cit:Y'" e>f Virgi:r1ia Beach ROSEMARY WILSON COUNCIL L..ADV - AT-LARGE PHONE: (757) 422-0733 FAX: (757) 426-5669 January 27,2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Code of Virginia 9 2.2-3115(E) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on an Ordinance Declaring as Excess Certain City-Owned Property Located at Independence Boulevard and Columbus Street and Authorizing City Manager to Execute an Agreement of Sale to Convey Same to Crawford Properties, L.L.C. (GPIN 1477-44-1293-0000). 2. Crawford Properties, LLC is a client of the accounting firm, Goodman and Company. My husband is a principal in Goodman and Company. 3. My husband personally provides services to Crawford Properties, LLC. 4. I wish to disclose my interest in this transaction and abstain from City Council's consideration of the matter. Accordingly, I respectfully request that you record this declaration in the official records of City Council. 310 53RDSTREET, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Smith -2- January 27, 2004 Re: Disclosure Pursuant to Conflict of Interests Act S 2.2-3115 (E) Thank you for your assistance and cooperation in this matter. Sincerely, ~2t?/~ Rosemary A. Wilson Councilmember RA W /RRI 1 2 3 AN ORDINANCE DECLARING AS EXCESS 4 CERTAIN CITY-OWNED PROPERTY 5 LOCATED AT INDEPENDENCE BOULEVARD 6 AND COLUMBUS STREET AND 7 AUTHORIZING CITY MANAGER TO 8 EXECUTE AN AGREEMENT OF SALE TO 9 CONVEY SAME TO CRAWFORD 10 PROPERTIES, L.L.C. 11 12 WHEREAS, the City of Virginia Beach acquired title to approximately 0.525 13 acres of property, identified as GPIN 1477-44-1293-0000 (the "Excess Property"), for 14 Independence Boulevard, Phase ITI road widening project in 1991 by deed recorded in the 15 Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Deed Book 2999, 16 page 1819; and 17 WHEREAS, the City Council is of tbe opinion that the Excess Property shown on 18 the "LOCATION MAP SHOWING EXCESS CITY OWNED PROPERTY INDEPENDENCE 19 BOULEVARD AND COLUMBUS STREET", attached hereto as Exhibit A, is in excess of the 20 needs of the City of Virginia Beach; 21 WHEREAS, Crawford Properties, L.L.C., has proposed to purchase the Excess 22 Property from the City for a purchase price of ONE HUNDRED THOUSAND DOLLARS 23 ($100,000). 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 25 OF VIRGINIA BEACH, VIRGINIA: 26 1. -'-'That the Excess Property is hereby declared to be in excess of-the needs of 27 the City and that the City Manager is hereby authorized to execute an Agreement of Sale and any 28 necessary documents to effectuate the sale of the Excess Property to Crawford Properties, 29 L.L.C.; 30 2. That the consideration for the conveyance of the Excess Property is to be 31 ONE HUNDRED THOUSAND DOLLARS ($100,000); 32 3. That Crawford Properties, L.L.C. will remove all of the trees on 33 GPIN#147744-2173-0000, located adjacent to the Excess Property, landscape said site in 34 accordance with plans approved by the city, and be responsible for the maintenance thereof, all 35 at its own expense; 36 4. Crawford Properties, L.L.C. shall develop the Excess Property, together 37 with the adjacent approximately 1.4 acres known as Parcel 7-A-1 (GPIN 1477-34-9105-0000) 38 (the "Navy Credit Union Parcel") as a two-story::!: 26,000 sq. ft. high quality retail store with 39 associated parking, all as depicted on plans approved by the City. Crawford Properties, LLC will 40 grant to the City a right to repurchase the Excess Property for $100,000.00 in the event that it 41 does not commence construction to develop the Excess Property in accordance with plans 42 approved by the City within twenty-four (24) months from the date of purchase. 43 5. Crawford Properties, LLC will grant to the City a first right of refusal to 44 purchase the Excess Property and the Navy Credit Union Parcel in the event that it desires to sell 45 the property for a use different than that currently contemplated. 46 6. The City will convey the Excess Property subject to deed restrictions 47 which shall restrict the use of the Excess Property and the Navy Credit Union Parcel to uses 48 consistent with those of a mixed-use planned urban area. 49 7. That the Excess Property shall be conveyed in accordance with such other 50 terms, conditions or modifications as may be satisfactory to the City Attorney. 51 This ordinance shall be effective from the date of its adoption. 52 Adopted by the Council of the City _of Virginia Beach, Virginia, on the 27th day 53 of January ,2004. 54 55 CA-9042 56 PREPARED: January 12,2004 57 58 59 - 45 - Item V-J.3. RESOLUTIONS/ORDINANCES ITEM # 52158 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A UTHORIZE the acquisition of Agricultural Reserve Preservation (.4RP) development rights for 77.57 acres at the Head of River Road from Barry D. and Paula W. Knight for $178,410. (Installment Agreement 2003-61). (PRINCESS ANNE - DISTRICT 7) Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: None January 27,2004 1 2 3 4 5 AN ORDINANCE AUTHORIZING THE ACQUISITION OF AN AGRICULTURAL LAND PRESERVATION EASEMENT AND THE ISSUANCE BY THE CITY OF ITS CONTRACT OBLIGATIONS IN THE MAXIMUM PRINCIPAL AMOUNT OF $178,410 6 WHEREAS, pursuant to the Agricultural Lands Preservation 7 Ordinance (the "Ordinance"), Appendix J of the Code of the 8 City of Virginia Beach, there has been presented to the City 9 Council a request for approval of an Installment Purchase 10 Agreement (the form and standard provisions of which have been 11 previously approved by the Ci ty Council, a summary of the 12 material terms of which is hereto attached, and a true copy 13 of which is on file in the City Attorney's Office) for the 14 acquisition of the Development Rights (as defined in the 15 Installment Purchase Agreement) on certain property located in 16 the City and more fully described in Exhibit B of the 17 Installment Purchase Agreement for a purchase price of 18 $178,410; and 19 WHEREAS, the aforesaid Development Rights shall be 20 acquired through the acquisition of a perpetual agricultural 21 land preservation easement, as defined in, and in compliance 22 with, the requirements of the Ordinance; and 23 WHEREAS, the Ci ty Council has reviewed the proposed terms 24 and conditions of the purchase as evidenced by the Installment 25 Purchase Agreement; 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. The City Council hereby determines and finds that the proposed terms and conditions of the purchase of the Development Rights pursuant to the Installment Purchase Agreement, including the purchase price and manner of payment, are fair and reasonable and in furtherance of the purposes of the Ordinance, and the City Manager or his designee is hereby authorized to approve, upon or before the execution and delivery of the Installment Purchase Agreement, the rate of interest to accrue on the unpaid principal balance of the purchase price set forth hereinabove as the greater of 4.50% per annum or the per annum rate which is equal to the yield on United States Treasury STRIPS purchased by the City to fund such unpaid principal balance; provided, however, that such rate of interest shall not exceed 6.50% unless the approval of the City Council by resolution duly adopted is first obtained. 2 . The City Council hereby further determines that funding is available for the acquisition of the Development Rights pursuant to the Installment Purchase Agreement on the terms and conditions set forth therein. 3. The Ci ty Council hereby expressly approves the Installment Purchase Agreement and, subject to the determination of the City Attorney that there are no defects 2 50 in title to the property or other restrictions or encumbrances 51 thereon which may, in the opinion of the City Attorney, 52 adversely affect the City's interests, authorizes the City 53 Manager or his designee to execute and deliver the Installment 54 Purchase Agreement in substantially the same form and 55 substance as approved hereby with such minor modifications, 56 insertions, completions or omissions which do not materially 57 alter the purchase price or manner of payment, as the City 58 Manager or his designee shall approve. The Ci ty Council 59 further directs the City Clerk to affix the seal of the City 60 to, and attest same on, the Installment Purchase Agreement. 61 The City Council expressly authorizes the incurrence of the 62 indebtedness represented by the issuance and delivery of the 63 Installment Purchase Agreement. 64 4 . The City Council hereby elects to issue the 65 indebtedness under the Charter of the City rather than 66 pursuant to the Public Finance Act of 1991 and hereby 67 constitutes the indebtedness a contractual obligation bearing 68 the full faith and credit of the City. 69 Adopted by the Council of the City of Virginia Beach, 70 Virginia, on this 27th day of January , 2004. 71 72 73 Adoption requires an affirmative vote of a majority of all members of the City Council. 3 CA-9029 arppurchase/knight-Headofriverrd/knightord.wpd R-l January 6, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S7J7J);; /ll~J City Attorney's Office CERTIFIED AS TO AVAILABILITY OF FUNDS: 4 AGRICULTURAL RESERVE PROGRAM INSTALLMENT PURCHASE AGREEMENT NO. 2003-61 SUMMARY OF MATERIAL TERMS SELLER: Barry D. and Paula W. Knight PROPERTY LOCATION: Head of River Road PURCHASE PRICE: $178,410 EASEMENT AREA: 65.57 acres, more or less DEVELOPMENT POTENTIAL: 8 single-family dwelling sites (4 acquired) DURATION: Perpetual INTEREST RATE: Equal to yield on U.S. Treasury STRIPS acquired by City to fund purchase price, but not less than 4.50~) (actual rate to be determined when STRIPS are purchased prior to execution of IP A). Rate may not exceed 6.50% without approval of City Council. TERMS: Interest only twice per year for 25 years, with payment of principal due 25 years from IP A date RESTRICTIONS ON TRANSFER: IPA ownership may not be transferred (except for Estate Settlement Transfer) for one (1) year following execution and delivery ofIPA. ARP application - Barry Knight Pr~-perty \ "'i , ~!\ fiA ~ It;", i;i '~",. '.r "~,~. J;iJ'" ~~tt \"l ~l ') Barry Knight Property .~; l',jr*'j,iJ' ff:1?PYl(W ~/ rt):O>;i;.- 1 I I I. , I 1 I I 1 I I 1 ----- ;:, ~ i.:JIC, ~ :.;if i~ cf ~, ....:ij:.. = . '" loll . ~..' ........ ...~:)}:~.~- : !..~..... ".~' ..~~<:~: ~.r~;~\.~. : \ ." ~ ;: i"'" .... a..:' .. -~, " j;1!ij~J;~~.f;: '; ~~ 1 ..' .~..(,c..,.... .! .' \ :L~ ,::j;.!/}~l!;t;:: ~-., :i~i~;~ ,,: , '~:'.,1': ;:;::.j~1~;]~ ~,:j;,:t;., \ \ ..:' '. . =::;..:(. 0 \ . '. "~'.' . ". '.': I "'..:1 .... ...... -. ." II I.. .. ..;:. ;". '.- .. \- \ \ \ \ \ , \ o \ , I ":. .... .. '.1 . j .... ;. '- .. . i .... . ;,..":" . .... . ':, ....... . .' .. . . .'~ r.l .::} i~' o ""'- :. ....": . :: :(::.;t." . .. "._" .... ..-.:"'" .... . : ." . I.' .'.'. :::'. ~;: ~. ~~.' ~ : '.. ,:}~ o - &..;.; "-..- - ... ~ - - - 46- Item V-J.4. RESOLUTIONS/ORDINANCES ITEM # 52159 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED, with REVISED AGREEMENT: Ordinance to AUTHORIZE the City Manager to execute the First Amendment to the Post-Closing Agreement (June 11,2003) with LifeNet re the purchase of the remaining 6.57 acres of the original 21.81, more or less, acres, Parcel 5, at Princess Anne Road and Concert Drive. (PRINCESS A.NNE - DISTRICT 7) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret 1. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2004 1 ORDINANCE NO. 2 AN ORDINANCE AUTHORIZING THE 3 CITY MANAGER TO EXECUTE A FIRST 4 AMENDMENT TO THE POST-CLOSING 5 AGREEMENT BETWEEN THE CITY AND 6 LIFENET 7 WHEREAS, the City of Virginia Beach (the "City") as Seller and LifeNet, Virginia 8 non-stock corporation ("LifeNet"), as Buyer, are parties to a certain Agreement of Sale (the 9 "Purchase Agreement") dated March 26, 2003, relating to a 15.82 parcel located in the City of 10 Virginia Beach and described as: 11 Parcel 4 on that certain plat entitled: "SUBDIVISION PLAT OF REMAINING 12 PORTION OF PARCEL B, PLAT OF GREEN RUN FARM(M.B. 73, P. 10-10A), 13 PROPERTY OF THE CITY OF VIRGINIA BEACH, VIRGINIA", dated January 31, 14 2003, Scale: 1 "= 250', prepared by Rouse-Sirine Associates, Ltd., which plat is duly 15 recorded in the Clerk's Office of the Circuit Court of the City of Virginia beach, 16 Virginia as Instrument No. 200305210079014, to which reference is made for a more 1 7 particular description. 18 (the "Property") ; 19 WHEREAS, LifeNet acquired the Property from the City on June 11, 2003 pursuant 20 to a Special Warranty Deed recorded in the Clerk's Office of the Circuit Court of the City of Virginia 21 Beach, Virginia; 22 WHEREAS, pursuant to Paragraphs 10 and 11 of the Purchase Agreement, the City 23 and LifeNet have entered into a Post -Closing Agreement dated as of June 11, 2003 (the "Post- 24 Closing Agreement"), and recorded in the Clerk's Office of the Circuit Court of the City of Virginia 25 Beach, Virginia as Instrument No. 200307150108409. 26 WHEREAS, pursuant to the recorded Post-Closing Agreement, the City implemented 27 the terms of the Purchase Agreement regarding the parties' understandings as to the City's right of 28 reverter and the City's right of first offer to repurchase the Property; 29 WHEREAS, in order to provide funds for the developments, construction and 30 equipping of the Property of an organ procurement and tissue processing facility together with office 31 and administrative facilities (collectively the "Project"), the City of Virginia Beach Development 32 Authority will issue its Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2004 in the 33 aggregate principal amount of $20,000,000 (the "Bonds"); 34 WHEREAS, as security for the repayment of the Bonds, the Bank will issue a letter 35 of credit(the "Letter of Credit") to LifeNet pursuant to a Letter of Credit Agreement (the "Letter of 36 Credit Agreement") by and between LifeNet and the Bank; 37 WHEREAS, as a condition precedent to the issuance of the Letter of Credit, the Bank 38 has required that the City agree to certain modifications to the Post -Closing Agreement attached 39 hereto; and 40 WHEREAS, the City Council is of the opinion that the proposed modifications to the 41 Post-Closing Agreement are not detrimental to the interests of the City of Virginia Beach. 42 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 43 VIRGINIA BEACH, VIRGINIA: 44 1. That the City Manager is hereby authorized to Execute the First Amendment 45 to the Post-Closing Agreement in substantial conformity with the form attached hereto and with 46 such other insertions and modifications as may be deemed necessary and/or advisable by the City 47 Manager and may be approved by the City Attorney. 48 2. That upon complete execution by the parties, the First Amendment to the 49 Post -Closing Agreement be recorded in the Office of the Clerk of the Circuit Court of the City of 50 Virginia Beach. 51 3. That in the event LifeNet exercises its option to purchase ParcelS consisting 52 of the remaining 6.57 acres of the original 21.81 acres parcel (also know as the "Option Parcel"), the 53 provisions of the First Amendment to the Post-Closing Agreement will be applicable to any 54 agreement executed between the City and LifeNet for the purchase of the Option Parcel. 55 ADOPTED: JANUARY 27, 2004 56 CA-9017 5 7 PREPARED: January 21, 2004 58 R-2 59 60 APPROVED AS TO LEGAL SUFFICIE -.,-- ,..- ~, Law Department G:\ WP\BZA \LIFENET A. WPD Exemption Claimed ~58.1-809 FIRST AMENDMENT TO POST-CLOSING AGREEMENT This FIRST AMENDMENT TO POST-CLOSING AGREEMENT is made as of the 21st day of January, 2004, by and among LIFENET, a Virginia nonstock corporation ("LifeNet"), index as a grantor and grantee, CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), index as a grantor and grantee; and SUNTRUST BANK, a Georgia state banking and trust company (the "Bank"), index as a grantor and grantee; WITNESSETH: WHEREAS, pursuant to that certain Post-Closing Agreement (the "Post-Closing Agreement") dated as of June 11, 2003, by and between LifeNet and the City, and duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument No. 200307150108409, the City implemented the terms of a Purchase Agreement (the "Purchase Agreement") dated March 26, 2003, regarding the City's right to repurchase the property (the "Property") more particularly described in Exhibit A to the Post- Closing Agreement; and WHEREAS, in order to provide funds for the development, construction and equipping on the Property of an organ procurement and tissue processing facility together with office and administrative facilities (collectively, the "Project"), the City of Virginia Beach Development Authority will issue its Variable Rate Demand Revenue Bonds (LifeNet Project), Series 2003 in the aggregate principal amount of $20,000,000 (the "Bonds"); and WHEREAS, as security for the repayment of the Bonds, the Bank will issue a letter of credit (the "Letter of Credit") pursuant to a Letter of Credit Agreement (the "Letter of Credit Agreement") by and between LifeNet and the Bank; and WHEREAS, the obligations of LifeNet to the Bank under the Letter of Credit Agreement will be secured, in part, by a Deed of Trust, Security Agreement and Assignment of Rents and Leases and Fixture Filing (the "Deed of Trust") on the Property which is to be recorded in the Clerk's Office; and WHEREAS, as a condition precedent to the issuance of the Letter of Credit, the Bank has required that the City agree to certain modifications to the Post-Closing Agreement as hereinafter provided; NOW, THEREFORE, for and in consideration of the recitals, the mutual covenants contained herein, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto do hereby agree as follows: This instrument was prepared by Kaufman & Canales, a professional corporation GPIN: 1485-72-7416 1 1. Subparagraph l.a. of the Post-Closing Agreement captioned "Reverter" is hereby amended by adding the following provisions to the end of said paragraph: "For purposes of this Agreement, the phrase "commence construction in good faith" shall mean satisfaction of the following requirements: (i) the City shall have reviewed the site plans, the construction loan commitment, and the construction contract; (ii) the construction loan shall have closed and the initial draw thereunder funded; (iii) the Construction Contract shall be in full force and effect and copies thereof, each certified as a true and complete copy by LifeNet, shall have been delivered to the City; (iv) the construction bond shall be in full force and effect, a copy of which shall have been delivered to the City; (v) all necessary permits for the construction of the Phase I Improvements including, but not limited to, the building permit shall be in full force and effect and evidence thereof shall have been provided to the City, (vi) notice has been given in good faith to the General Contractor to commence construction of the Phase I Improvements under the Construction Contract, (vii) the General Contractor has mobilized its forces and materials on the Property in reasonably sufficient numbers and amounts for the commencement of construction of the Phase I Improvements, and (viii) the General Contractor has commenced construction of the footers and foundation for the Phase I Improvements. Once clauses (i) through (viii) above have been satisfied, the City agrees to enter into a recordable document, terminating its rights under this subparagraph l.a." 2. Subparagraph 1.b. of the Post-Closing Agreement captioned "Repurchase Right" is hereby deleted in its entirety and the following provisions inserted in lieu thereof: "b. Repurchase Right. In addition to the reverter set forth in subparagraph 1.a. above, unless otherwise terminated as hereinafter provided, the City shall have, until July 23, 2013, a right and option to repurchase the Property (the "Right of Repurchase") in the event LifeNet fails to develop the Property in substantial compliance with the development plans/construction schedule (collectively the "Plans") which have been previously agreed to by LifeNet and the City. In the event LifeNet is in default under its obligations to develop the Property in accordanc~ withtbe Plans, the City shall give written notice to LifeNet and to the Bank stating that LifeNet is in default and specifying the nature of the default. LifeNet shall have a period of thirty (30) days to commence curing the default and so long as LifeNet commences to cure the default within such thirty (30) day period and continues to proceed with due diligence to cure the default, the City may not exercise the Right of Repurchase. In the event that LifeNet fails to commence curing the default within the said thirty (30) day period or fails to proceed with due diligence to cure the default, the City may, unless such right is otherwise terminated or postponed as hereinafter provided, give the Bank and 2 LifeNet written notice (a "Repurchase Notice") that it is exercising its Right of Repurchase pursuant to the provisions of this subparagraph l.b. If, at any time, the Bank gives the City written notice (the "Loan Default Notice") that LifeNet is in default under its obligations to the Bank and that the Bank intends to foreclose on the Property or acquire same by Deed in lieu of foreclosure, then, in such event, the City's Right of Repurchase shall, in all events, be deemed to have luatured and the City shall be entitled to exercise its Right of Repurchase if it gives the Bank and LifeNet a Repurchase Notice within thirty (30) days of the receipt of the Loan Default Notice. If the Bank gives the City a Loan Default Notice but the City does not give the Bank a Repurchase Notice within the aforesaid thirty (30) day period, the Right of Repurchase shall expire and the Bank may proceed with foreclosure, acquire the Property by deed in lieu of foreclosure, or otherwise deal with the Property which shall no longer be encumbered with the Right of Repurchase. If the City gives the Bank and LifeNet a valid Repurchase Notice pursuant to one of the provisions of this subparagraph l.b, then a contract shall be deemed to exist between the City and LifeNet for the purchase and sale of the Property for a price equal to the sum of (i) the original purchase price paid by LifeNet to the City, increased, if settlement occurs at any time after July 23, 2009, by the amount of the increase in the consumer price index from July 23, 2003, to the settlement date; and (ii) the unpaid balance of the obligations of LifeNet owed to the Bank and secured by the Deed of Trust on the Property (the obligations, however, shall be limited to the financing of the improvements to the Property including, without limitation, hard and soft costs such as construction expenses, architect's fees, engineering fees, financing costs, and legal fees). Settlement shall occur on or before sixty (60) days after the City gives the Bank and LifeNet the Repurchase Notice, time being of the essence. The amounts required to be paid under clause (ii) above shall be paid directly to the Bank. In the event that LifeNet fails to convey title to the Property to the City in the event of the valid exercise of the Right of Repurchase, then, the City shall have the right to enter upon and take possession of the Property, subject to the lien of any Deed of Trust securing the Bank, along with all rights and causes of action necessary to have title to the Property conveyed to the City. Any reference herein to the Bank relating to the acquisition of the Property shall be deemed to include any affiliate or nominee of the Bank. As in inducement to the City entering into this Agreement, LifeNet agrees that it will either provide the Bank with a payment and performance bond in connection with the construction of the Project or in the event the payment and performance bond is released or otherwise eliminated as a requirement of the Bank's financing 3 for the Project, promptly deliver to the City a substitute payment and performance bond naming the City as a dual obligee thereunder." 3. Subparagraph l.d. of the Post-Closing Agreement is hereby deleted in its entirety and the following provisions inserted in lieu thereof: "d. Within fifteen (15) days after receipt of a request from the Bank or LifeNet, the City agrees to deliver to LifeN et and the Bank a duly executed and notarized instrument certifying to the City's best knowledge (i) whether the Reverter andlor the Repurchase Right described in this Paragraph 1 have terminated or expired, or if such Reverter andlor the Repurchase Right are still in effect; and (ii) as to such other matters relating to this Agreement as may be reasonably requested. Once the Reverter has expired and once the Repurchase Right has expired or been terminated, the City agrees, in each instance, to cooperate with LifeNet and the Bank to record in the Clerk's Office where this Post-Closing Agreement is recorded, a certificate acknowledging and confirming such expiration or termination of the Reverter and the Right of Repurchase as the case may be. Any such certificate may be conclusively relied upon by LifeNet, the Bank and by any other person to whom it has been exhibited or delivered, and the contents of the certificate shall be binding upon the City. 4. Except as herein amended or modified, the Post-Closing Agreement shall remain in full force and effect. 5. The terms and provisions of this Agreement are binding upon and shall inure to the benefit of the parties hereto and their respective successors and assigns. The rights and obligations included in this Agreement shall run with the land and shall be binding upon all owners of the Property during the period of ownership except as otherwise provided herein. 6. This Agreement may be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, by any of the parties hereto. 7. All notices provided for herein shall be in writing and shall be deemed duly given upon deliver to the following addresses either (i) in person or by reputable overnight or other private courier (with receipt therefor); (ii) by certified or registered mail, return receipt requested; or (iii) by facsirnile transmittal provided that notice shall also be sent, either by certified mail, return receipt requested, or by reputable overnight or other private courier within one business day after such facsimile transmittal, as follows: 4 As to the City: With a copy to: As to LifeN et: With a copy to: As to the Bank: With a copy to: City of Virginia Beach Attention: James C. Lawson Department of Public Works - Real Estate Division 2405 Courthouse Drive, Room 392 Virginia Beach, Virginia 23456 Fax Number: 757-427-4456 Office of the City Attorney Attention: Vanessa T. Valldejuli 2412 North Landing Road Municipal Center Building 20, 1 st Floor Virginia Beach, Virginia 23462 Fax Number: 757-563-1167 LifeNet Attention: Patrick F. Thompson, Vice President 5809 Ward Court Virginia Beach, Virginia 23455 Fax Number: 757-464-1268 Eric A. Hauser, Esquire Williams Mullen 222 Central Park Avenue, Suite 1700 Virginia Beach, Virginia 23462 Fax Number: 757-473-0395 SunTrust Bank Attention: John M. Wallace 150 West Main Street, 14th Floor Norfolk, Virginia 23510 Fax Number: 757-5463 Barry W. Hunter, Esquire Kaufman & Canoles, P.C. 150 West Main Street, Suite 2100 Norfolk, Virginia 23510 Fax Number: 757-624-3169 8. This Agreement may be executed in multiple counterparts, each of which shall be an original but all of which taken together shall constitute but one and the same instrument. The signature page from anyone counterpart may be removed and attached to another counterpart to form a single fully executed document. 5 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date first above written. LIFENET By: Name: Raymond T. S1. John Title: Vice President and Secretary SUNTRUST BANK By: Name: John M. Wallace Title: Vice President COMMONWEALTH OF VIRGINIA AT LARGE The foregoing instnlment was acknowledged before me in Virginia Beach, Virginia, on the 29th day of January, 2004, by Raymond T. St. John, Vice President and Secretary, LIFENET, a Virginia non stock, nonprofit corporation. Notary Public My Commission Expires: COMMONWEALTH OF VIRGINIA AT LARGE The foregoing instrument was acknowledged before me in Virginia Beach, Virginia, on the 29th day of January, 2004, by John M. Wallace, Vice President, SUNTRUST BANK. Notary Public My Commission Expires: 6 CITY OF VIRGINIA BEACH By: Authorized Designee of City Manager COMMONWEALTH OF VIRGINIA AT LARGE the The foregoing instrument was acknowledged before me in day of , 2004, by , CITY OF VIRGINIA BEACH. , Virginia, on Notary Public My Commission Expires: 7 APPROVED AS TO CONTENT: PUBLIC WORKS/REAL ESTATE By: Name: Its: DEPARTMENT OF ECONOMIC DEVELOPMENT By: Name: Its: APPROVED AS TO FORM ~~ City Attorney #431983 v3 - first amendment to closing agreement.hunter 1-22-04 8 - 47- Item V-J.5. RESOLUTIONS/ORDINANCES ITEM # 52160 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to A CCEPT and APPROPRIA TE a $31,000 Grant from the Virginia Environmental Quality to the FY 2003-04 operating budget of the Department of Museums and Cultural Arts re a statewide stranding network for the Virginia Marine Science Museum (VMSM). Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2004 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $31,000 GRANT FROM THE VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY TO THE FY 2003-2004 OPERATING BUDGET OF THE DEPARTMENT OF MUSEUMS AND CULTURAL ARTS TO MAINTAIN A STATEWIDE STRANDING NETWORK BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 That a federal grant totaling $31,000 is hereby accepted 14 from the Virginia Department of Environmental Quality and 15 appropriated to the FY 2003-2004 Operating Budget of the 16 Department of Museums and Cultural Arts so that the Virginia 17 Marine Science Museum may maintain a statewide stranding 18 network, with estimated revenue from the Commonwealth increased 19 accordingly. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia on the January , 2004. day of 27th CA-9093 Ordin/Noncode/StrandingOrd.doc R-l January 12, 2004 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: )J~Q ,~ Management Services ?: 2--- s Office COMMONWEALTH of VIRGINIA DEPARTMENT OF ENVIRONMENTAL QUALITY W. Tayloe Murphy, Jr. Secretary of Natural Resources Street address: 629 East Main Street, Richmond, Virginia 23219 Mailing address: P.O. Box 10009, Richmond, Virginia 23240 Fax (804) 698-4500 TDD (804) 698-4021 www.deq.state.va.us Robert G. Burnley Director (804) 698-4000 1-800-592-5482 October 9, 2003 TO: FROM: FY2003 Virginia Cp~~. tal Program Grantees '0< ;tj. 'if'; I Laura B. McKay - Virginia Coastal Program Manager Phone: (804) 698-4323 Fax: (804) 698-4319 RE: FY 2003 Coastal Program Award Notification NOAA Grant # NA03NOS41901 04 The Department of Environmental Quality has received approval for the 2003 Coastal Zone Management Grant Award from the National Oceanic and Atmospheric Administration (NOAA). Weare pleased to notify you that your proposal has been approved for funding for the period shown on your enclosed contract. We look forward to working with you in the coming year. You will find the following in this contract package: . Two original Contracts for signature . Contract Attachments A (Scope of Work), B (DECNCP Terms &Conditions), C (US Dept. of Commerce Terms & Conditions), 0 (NOAA Standard & Special Conditions), & E (Certifications form). Please note that in these DOC and NOAA conditions the word "recipient'" refers to DEC. You are technically a "sub-recipient" but are held to the same tenns and conditions. . Semiannual Progress and Financial Reporting Forms - Reports on progress and requests for financial reimbursement will be processed on a semiannual basis. If another payment schedule is needed, please contact your Coastal Program Project Manager highlighted on the next page. You must use the Budget Amendment Form if you need to change your budget. Please see your Contract and its Attachment B for deadlines and details. . See chance to P. 3 of Attachment B (Closeout Reauirements): All goods (e.g. supplies) must be received and all subcontracted products received by your tennination date. The closeout period is only for final payment of goods and services. Do not attempt to purchase goods and services near the termination date - allow sufficient time for items and work products to be received. To fully execute your contract, please complete the following steps: 1) Sign both originals of the one page contract document marked with colored tabs. I have already signed the originals. . 2) Sign the one page Attachment E ("Certifications regarding... .. ) This is also marked with a colored tab. 3) Return one of the original signed contracts and the original signed Attachment E to: Krista Trona, Coastal Program Department of Environmental Quality 629 E. Main Street Richmond, VA 23219 4) Keep the remaining signed contract with the attachments for your files. Thank you for your close attention to these details. Coastal Program Contacts Your Coastal Program Project Manager is your primary contact, and is highlighted below. Contact this person for general project management issues, scope of work changes, budget amendments, extension requests, 306A documentation, final products, audit reports, and new project development: Laura McKay, Coa~tal Program Manager Julie Bixby, Coastal Program Planner Shep Moon, Coastal Program Planner Kendell Jenkins, Coastal Specialist (804) 698-4323 Ibmckavca>.dea.state.va.us (804) 698-4333 iabixbv@dea.state.va.us (804) 698-4527 hsmoonca>.dea.state.va.us (804) 698-4537 kdienkins(Q}dea.state.va.us For grants tracking, signed contracts, progress reports, NOAA logos, Coastal Program credit language and various forms: Krista Trona, Coastal Program Intern (804) 698-4051 kltrono@dea.state.va.us For public information, coastal newsletter, interpretive project signage: Virginia Witmer, Outreach Coordinator (804) 698-4320 vQwitmer(Q}dea.state.va.us The Coastal Program staff may also be reached by fax-at 804/698-4319. For payment, fiscal questions, MBE/WBE, fixed asset reporting: Patty Walsh, Senior Accountant (804) 698-4173 Dwwalsh@dea.state.va.us Please visit our Web site for guidance on preparing progress reports, final products and new project proposals. httD://www.dea.state.va.us/coastaUfundlna.html FORM CO-512 (7~tl FY 2003 Attachment E NA03NOS4190104 CERTIFICATIONS REGARDING DEBARMENT, SLJ~t't:N~IUN, I Nt:LI\.:iltsILI I Y ANU VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS AND LOBBYING '~'f . Applicants should refer to the regulations citcdb~low to determine the certification to which they are required to attesL Applicants should also review the instructions for certification included in the regulations before completing this fonn. Signature on this fonn provides for compliance with certification requirements under 15 CFR Part 26, "Govemmentwide Debanncnt and Suspension (Nonprocurement)" and 15 CFR Part 28, "New Restrictions on Lobbying." 1. DEBARMENT, SUSPENSION, INEUGJBILITY AND VOLUNTARY EXCLUSION-LOWER TIER COVERED TRANSACTIONS As required by Executive Order 12549, Debarment and Suspension, and implemented a115 CFR Part 26, Section 26.510, Participants responsibilities, for prospective partici- pants in lower tier covered transactions (except sub- contracts for goods or services under th.e $25,000 small purchase threshold unless the subtier recipient will have a critical influence on or substantive control over the award) I as defined at 15 CFR Part 26, Sections 26.105 and 26.110 - .. ". . (1) The prospective lower tier participant certifies. by sub- mission of this proposal, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared Ineligible, or voluntarily excluded from participa- tion in this transaction by any Federal department or agency. (2) Where the prospective lower tier participant is unable to certify to any .ofthe statements In this certification, such prospective participant shall attach an explanation to this proposal. 2. LOBBYING As required by Section 1352, Title 31 of the U.S. Code, and Implemented at 15 CFR Part'28, for persons entering Into a grant. cooperative agreement or contract over $100,000, or a loan or loan guarantee over $150,000, as defined at 15 CFR Part 28, Sections 28.105 and .28.110, the applicant certifies that' to the best of his or her knowledge and belief, that: (1) No Federal appropriated funds have 'been paid or will be paid, by or on behalf of the undersigned, to anJ person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an .officer or' employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, .Disclosure Form to Report Lobbying,. in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawardsatall tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agree- ments) and that all subrecipients shall certify and disclose accordingly. . This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered Into. Submission of this certification is a pre- requisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. ArTf person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. . Statement for Loan Guarantees and Loan Insurance The undersigned states, to the best of his or her knowledge and belief, that: If any funds have been paid or will be paid to any person for influencing or attempting:to influence an officer or employee of any agency, a Member of Congress, an officer or em- ployee of Congress, or an employee of a Member of Congress in conn~ion with this commitment providing for the Uniioo 'States to insure or guarantee a loan. the _ undersigned shall complete and submit Standard Form-Lll, -Disclosure Form to Report Lobbying,. in accordance with Its inst~ctions. Submission of this statement is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required . statement shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. As the duly authorized representatjve of the applicant, I hereby certify that the applicant will comply with the above applicable certification(s). . NAME OF APPUCANT AWARD NUMBER AND/OR PROJECT NAME v.~ M ~ y- ~. 1)<:.. Sc:.1 E.'n ~ fov\ v')p....\.} ~"'" N 19 A-A & (4.n4- =# N AD 3 N D'S ~l 1,0, Co 'i PRINTED NAME AND mLE OF AUTHORIZED REPRESENTATNE /I/~~ DATE I/., z ~ .rt53' A-i5 U5COMM-OC 91-7114 VIRGINIA COASTAL RESOURCES MANAGEMENT PROGRAM GRANT CONTRACT Grant #: NA03N054190104 Task#: 52 This agreement is made by and between the Virgini~ Department of Environmental Quality (hereinafter referred to as the "Department") and the Grantee (listed below). The parties to this agreement, in consideration of the mutual covenants and stipulations set out herein, agree as follows: Scope of Work: The Grantee shall carry out the project as set forth in Attachment A. Project Period: The project shall commence on the Project Start Date, and shall terminate no later than the Project End Date. The grantee's closeout period ends on the Final Product and Billing Date. These dates are specified below: Project Start date: 10/1/03 Project End date: 9/30/04 Final Product and Billing Date: 11/15/04 Period of performance (months): 12 Payments: The Department shall pay the Grantee on a reimbursement basis, not to exceed the Federal Funding Total shown below for the project. The said sum, together with the matching funds provided as set forth in Attachment A, shall include all expenses of the project. Payment shall be made upon submission of invoices andlor other appropriate documentation of program expenditures, and progress reports and their acceptance by the Department. Such invoices and reports shall be submitted within 15 days of each reporting period end and shall be detailed in accordance with Attachment A to show what tasks have been completed and to compare the time of completion with the proposed time of completion. Federal Funding Total: $31,000.00 Federal Coastal Zone Management Act Section: Section 306 Reporting Schedule: Reoort Reoort Period Due Date Reauired Elements Forms A, a Forms A,a Forms a, C, remaining deliverables 1 st Semiannual 2nd Semiannual Closeout Period Oct 01, 2003-Mar 31, 2004 Apr 01, 2004-Sep 30, 2004 Oct 01, 2004-Nov 15, 2004 Apr15,2004 Oct 15. 2004 Nov 15. 2004 Contract Documents: The Contract documents shall consist of: 1) This signed form; 2) The Scope of Work (Attachment A); 3) VA Coastal Resources Management Program Grant Contract Terms and Conditions (Attachment B); 4) U.S. Dept. of Commerce Financial Assistance Standard Terms and Conditions (Attachment C); 5) NOAA Terms and Conditions (Attachment D); and 6) Signed CD-512: U.S. Dept. of Commerce Certification (Attachment E) Precedence In the event of a conflict between or among terms in the documents included in this contract, the following of Terms: documents control in the following order: Attachments D, C, E, a, this signed form, and Attachment A. Grantor: DEPARTMENT OF ENVIRONMENTAL QUALITY Grantee: VA Marine Science Museum Laura B. McKay, Manager Coastal Resources Management Program Typed name and title /'''y ~ r~ -dtJl.l/2/A-- 4~. SignatUlh LyVlV> /;. C(e.;Vl""\ c.vrh, f)llc::..'-'~ Typed name and title rJi1~ Date /1 /s1~ . Date ()c~Ju f 9 ( 2()o ) VCRMP Contract rev. 9/25/2001 - 48- Item V-J. 6. RESOLUTIONS/ORDINANCES ITEM # 52161 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $10,000 from the Federal Emergency Management Agency (FEMA) to the Fire Department's FY 2003-04 operating budget re pre-deployment administrative costs for the urban search and rescue team. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2004 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $10,000 FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY TO THE FIRE DEPARTMENT'S FY 2003-04 OPERATING BUDGET FOR PRE-DEPLOYMENT ADMINISTRATIVE COSTS FOR THE URBAN SEARCH AND RESCUE TEAM WHEREAS, the Federal Emergency Management Agency (" FEMA") 9 has issued an alert order for the FEMA Urban Search and Rescue 10 Virginia Task-Force 2 and has approved $10,000 in pre-deployment 11 administrative costs for preparation and coordination of team 12 deployment. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, Virginia: 15 That $10,000 in funds is hereby accepted from FEMA and 16 appropriated to the Fire Department's FY 2003-04 Operating 17 Budget, for pre-deployment administrative costs for the urban 18 search and rescue team, with federal revenue increased 19 accordingly. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia on the 27t~ day of January, 2004. CA9096 Noncode/FEMA Alert Ord.doc R-1 - January 14, 2004 Approved as to Content E)~~\J\ <~ Management Services Approved as to Legal Sufficiency i , (' c.--, ~tnivJ1 .:; J r~ "l- City Attorn~/s Offi e Federal Emergency Management Agency Washington, D.C. 20472 Tuesday, 30 December 2003 ALERT ORDER MEMORANDUM FOR: Mark Piland Task Force Program Manager Virginia Beach US&R Task Force (VA-TF2) FROM: Mike Tamillow ~ (j ,Lor Section Chief Urban Search and Rescue Program SUBJECT: Alert Order - December 2003 Level Orange Alert Incident Type/Location: East Region Coverage Background: Description of Incident: US&R Task Forces and Incident Support Teams are being placed on Alert based on recent intelligence analysis by the Department of Homeland Security Operations Center. The Alert is being extended through 1 February 2004. Instructions to Task Forces: This is an Alerl Order as of 1300 hours EST. Your task force is being placed on Alert status to begin at 2100 hours Sunday. 11 January 2004. and continue through Sunday. 1 February 2004.2100 hours. The following System assets will be placed on Alert from Sunday, 11 January 2004, at 2100 hours through Sunday 01 February 2004,2100 hours. . West Region . Central Region · 1ST RED · 1ST WHITE · WA-TFl · CO-TFl · CA-TF6 · TX-TFl . East Region · 1ST BLUE · MA-TFl · VA-TF2 · P A- TFl (until v A-TFl is back up) . You should make preparations to deploy your task force by ground to a location to be identified should an event occurs in your Region in order to meet a 4-hour mobilization time frame, if required. . In preparing your task force for possible activation, this order authorizes reimbursement of administrative expenses associated with these preparations, not to exceed $10,000.00. Please provide any additional costs for vehicle and bus requirements to mike.tamillow@dhs.eov by 1200 hours on Friday, 2 January 2004. . Allowable costs under this alert include the following: personnel costs, including backfill, incurred in preparation for possible activation; transportation costs relating to hiring, leasing, or renting vehicles and drivers. Please set up transportation requirements to meet a 4-hour departure timeframe for any time during the length of this Alert Order. ALERT ORDER Page Two . Allowable costs identified above may be incurred beginning today for administrative requirements, and any time between 2100 hours, Sunday, 11 January 2004, through 2100 hours, Sunday, 1 February 2004 for transport requirements. You do not have authorization for emergency procurement of equipment and supplies at this time. . Task Force leadership is also directed to not include rostered Incident Support Team (primarv) members in stafOn2 plans for their task force at this time. All three National Incident Support Teams are bein2 placed on alert and are a critical component of our National response strate2v. . Reimbursement of administrative expenses will be in accordance with the Cooperative Agreement and Memorandum of Agreement between FEMA and the sponsoring agency for your task force. With regards to payroll expenditures, only incremental costs above the Sponsoring Organizations normal budgeted costs shall be eligible for reimbursement. . You are directed to plan for staffmg a full TYPE I task force response as indicated below along with necessary drivers for ground movement vehicles. No other positions or personnel for response are to be included in this planning without express approval by the Program Office. . Send an email toMikeTamillow.US&R Section Chief, at mike.tamillowuvdhs.eov stating that your task force is in compliance with this requirement along with an organizational chart of TF members and drivers. In that the EST is not currently staffed for ESF-9 (watch level only), any questions concerning this Alert Order during the period specified above should be addressed to the Program Office - Wanda Casey at (202) 646-4013 or Mike Tamillow, US&R Program Section Chief, at (202) 646-2549. cc: US&R Points of Contact, FEMA Region Eric Tolbert, Response Division Director Mike Lowder, Operations Branch Chief - 49- Item V-J. 7. RESOLUTIONS/ORDINANCES ITEM # 52162 Brian Kirwin, 304 Cripple Creek Court, Phone: 463-0399, registered in OPPOSITION. Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: a. Ordinance to TRANSFER $5,000,000 from the Pavilion Theatre Replacement project and $750,000 from the Tidewater Community College Expansion to Rudee Loop Development - Phase I re purchase of property from Robert Herman Properties, L.L. C. b. Ordinance to A UTHORIZE the City Manager to execute an Option to Purchase approximately 2.73 acres at Rudee Loop from Robert Herman Properties, L.L.C. and Herman, Inc. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2004 1 AN ORDINANCE TO TRANSFER 2 $5, 000, 000 FROM CAPITAL PROJECT 3 #3-283, "PAVILION THEATRE 4 REPLACEMENT," AND $750,000 FROM 5 CAPITAL PROJECT #3-262, "TIDEWATER 6 COMMUNITY COLLEGE EXPANSION," TO 7 CAPITAL PROJECT #9-302, "RUDEE 8 LOOP DEVELOPMENT PHASE I," TO 9 FUND THE PURCHASE OF REAL PROPERTY 10 OWNED BY ROBERT HERMAN PROPERTIES, 11 L.L.C. 12 13 14 WHEREAS, the City of Virginia Beach entered into an option 15 agreement with Robert Herman Properties, L.L.C. to purchase real 16 property located at Rudee Loop; and 17 WHEREAS, funding in Capital Project #3-283, "Pavilion 18 Theatre Replacement," and Capital Project #3-262, "Tidewater 19 Community College Expansion," is available to be transferred to 20 Capital Project #9-302, "Rudee Loop Development Project." 21 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 22 BEACH, VIRGINIA: 23 1 . That $5,000,000 from Capital Project #3-283, "Pavilion 24 Theatre Replacement," and $750,000 from Capital Project #3-262, 25 "Tidewater Communi ty College Expansion," is hereby transferred 26 to Capital Project :#9-302, "Rudee Loop Development - Phase I," 27 for the purposes of acquiring real property from Robert Herman 28 Properties, L.L.C. 29 2 . That the City Council states its intention that 30 funding transferred from Capital Projects #3-262 and #3-283 be 31 replaced in the FY 2004-05 budget process. 32 33 Adopted by the Council of the City of Virginia Beach, 34 Virginia on the --IT~ day of January , 2004. CA-9094 Ordin/Noncode/HermanProperty Ord.doc R-1 January 13, 2004 Approved as to Content Approved as to Legal Sufficiency Jj~ Q.~ _ ,,~~(l Department of Manag~'1 Services ~S:5i-~~ Clty Attorney ~ce 2 1 AN ORDINANCE AUTHORIZING THE CITY MANAGER OR 2 HIS DESIGNEE TO EXERCISE THE OPTION TO PURCHASE 3 REAL PROPERTY AT RUDEE LOOP FROM ROBERT 4 HERMAN PROPERTIES, L.L.C. AND HERMAN, INC. 5 6 WHEREAS, the City has entered into an Option Agreement dated December 19, 1997, as 7 amended, for the purchase of approximately 2.73 acres of real property at Rudee Loop from 8 Robert Herman Properties, L.L.C. and Herman, Inc. (the "Herman Property") for a gross 9 purchase price, through, March 31, 2004, of $7,976,000; 10 WHEREAS, the City has expended a total of $1,405,150 on the Herman Property in 11 option and extension fees to date, which fees will be applied toward the purchase price, for a net 12 purchase price, as of March 31, 2004, of $6,570,850 (plus $30,000 per month for each month 13 thereafter); 14 WHEREAS, Rudee Loop has been identified as a prime location for a flagship hotel 15 chain to aid in the development of a convention facility at the Oceanfront, and the development 16 of Rudee Loop would complement the current major expansion of the Pavilion and is consistent 17 with the Oceanfront Resort Concept Plan; 18 WHEREAS, the City Council has determined the purchase of the Herman Property to be 19 in the best interest of the City; and 20 WHEREAS, after a transfer of funds from Capital Projects #3-383, Pavilion Theatre 21 Replacement and #3-262, Tidewater Community College Expansion, there is sufficient funding 22 for the remaining $6,570,850 purchase price in CIP Project 9-302 Rudee Loop Development - 23 Phase I to acquire the Herman Property. 24 25 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA, 27 1. The City Manager or his designee is hereby authorized to exercise the option on 28 the real property owned by Robert Herman Properties, L.L.C. and Herman, Inc. for the Rudee 29 Loop Development project and to purchase the approximately 2.73 acres of real property at 30 Rudee Loop for a purchase price of $7,976,000, $1,405,150 of which has already been paid, on 31 the terms contained in the Option Agreement. 32 2. The City Manager is further authorized to execute all documents that may be 33 necessary or appropriate in connection with such purchase so long as such documents are approved by the City Attorney and so long as such documents are approved by the City Attorney 1 2 3 4 5 6 7 8 9 10 g J]0J\;0 0.. ~A"~ ~UL 13 Management Servic~~ 14 15 16 17 18 19 20 and so long as such documents are customary in real estate transactions in the City of Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 27th of January , 2004. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY ~I~~~ City Attorney's Office CA-9070 F:/Datal A TY /Forms/Commercial Projects/Rudee Loop/Herman option exer ORD I.doc Item V-I. PLANNING 1. THOMAS E. WRIGHT 2. BAYSIDE PRESBYTERIAN CHURCH 3. 0 B F P, INC. - 50- ITEM # 52163 STREET CLOSURE CHANGE OF ZONING CONDITIONAL USE PERMIT CONDITIONAL CHANGE OF ZONING MODIFICA TION OF A CONDITIONAL USE PERMIT/AQUA SPORTS, INC. (APPROVED 6/23/86) January 27,2004 Item V-L. PLANNING - 51 - ITEM # 52164 NO ACTION NECESSAR Y: (Deferred by the Planning Commission). Ordinance to amend Sections 111, 233.1,701,901,1001,1501,1511 and 1521 of the City Zoning Ordinance (CZO),pertaining to Conditional Use Permits re sales or service of alcoholic beverages in the 11-1, B-1, B-2, B- 3, B-3A, B-4, 1-1, /-2, RT-1, RT-2 and RT-3 Zoning Districts January 27, 2004 - 52- Item V-L. PLANNING ITEM # 52165 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council APPROVED IN ONE MOTION Items 1, 2 and 3 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, RichardA. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Re Item L.3., Council Lady Wilson DISCLOSED pursuant to Conflict of Interests Act ~ 2.2-3115 (H) relative 0 B F P, Inc. 's application. Her husband is a principal in the accounting firm of Goodman and Company and that company provides services to 0 B F P, Inc. and E.S. Goo Enterprises, Inc., which has a parent-subsidiary or affiliated business entity relationship with 0 B F P, Inc. ller husband does not personally provide services to 0 B F P, Inc. or E.S. G. Enterprises, Inc. The City Attorney has advised that although she has a personal interest in the transaction, because her husband does not personally provide service to O. B. F. P., Inc. or E. S. G. Enterprises, Inc., she may participate without restriction in City Council's discussion of, and vote. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record January 27, 2004 - 53- Item V-L.1. PLANNING ITEM # 52166 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of THOMAS E. WRIGHT for the discontinuance, closure and abandonment of a portion of Lineberry Road, on the east side of Doctor Drive and northeast of Hospital Drive: Application of Thomas E. Wright for the discontinuance, closure and abandonment of a portion of Lineberry Road, beginning at a point 290 feet east of Doctor Drive and running a distance of 104.89 feet in a northeasterly direction from Hospital Drive. DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlying fee. The purchase price to be paid to the City shall be determined according to the Policy Regarding Purchase of City's Interest in Streets Pursuant to Street Closures, " approved by City Council. Copies of the policy are available in the Planning Department. 2. The applicant is required to dedicate a twenty-(20}foot easement over an existing six (6}-inch public water line that is located within the area of closure. 3. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The plat must be submitted and approved for recordation prior to final street closure approval. 4. The applicant is required to verifY that no private utilities exist within the right-of way proposed for closure. Preliminary comments from the utility companies indicate that there are Virginia Natural Gas utilities within the right-ofway proposed for closure. If private utilities do exist, easements satisfactory to the utility company, must be provided. 5. Closure of the right-of way shall be contingent upon compliance with the above stated conditions within 365 days (1 February 2005) of approval by City Council. If the conditions noted above are not accomplished and the final plat is not approved within one year of the City Council vote to close the right-of-way, this approval shall be considered null and void. January 27,2004 - 54- Item V-L.l. PLANNING ITEM # 52166 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27,2004 1 2 3 4 ORDINANCE NO. 5 6 7 IN THE MATTER OF CLOSING, VACATING AND 8 DISCONTINUING A PORTION OF THAT CERTAIN 9 STREET KNOWN AS A PORTION OF LINEBERRY 10 ROAD AS SHOWN ON THAT CERTAIN PLAT 11 ENTITLED "PHYSICAL SURVEY OF PORTION OF 12 LINEBERRY RD., PRINCESS ANNE PLAZA, SECTION 13 6 & 7 (M.B. 49, P. 33-34) VIRGINIA BEACH, VA FOR 14 TOM AND TERI WRIGHT": 15 16 WHEREAS, Thomas E. Wright applied to the Council of the City of Virginia 17 Beach, Virginia, to have the hereinafter described street discontinued, closed, and vacated; and 18 WHEREAS, it is the judgment of the Council that said street be discontinued, 19 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 20 City Council's adoption of this Ordinance; 21 22 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 23 Beach, Virginia: 24 25 SECTION I 26 27 That the hereinafter described street be discontinued, closed and vacated, subject 28 to certain conditions being met on or before one (1) year from City Council's adoption of this 29 ordinance: 30 GPIN: 1497-01-5618,1497-01-4729,1497-01-5806 and 1497-01-6707 31 1 31 All that certain piece or parcel of land situate, lying and being in the City of 32 Virginia Beach, Virginia, designated and described as follows: 33 34 BEGINNING at a steel pin that is distant 10.00' along a bearing of 35 N360 W from the intersection of the extension of Northweast line 36 of Hospital Drive and the extension of the Northwest line of 37 Lineberry Road; thence in an easterly direction, along the arc of a 38 curve to the left with a radius of 10 feet, an arc distance of 15.71 39 feet to a point; thence N 540 E, along the Northwest line of 40 Lineberry Road, a distance of 104.89 feet to a steel pin; thence S 41 350 55' 50" E, a distance of 50 feet to a steel pin; thence S 540 W 42 along the Southeast line of Lineberry Road, a distance of 104.82' 43 to a point; thence in a Southerly direction along the arc of a curve 44 to the left with a radius of 10 feet, an arc distance of 15.71 feet to a 45 point; thence N 360 W along the northeast line of Hospital Drive, a 46 distance of 70 feet to the point of beginning; as shown on that 47 certain plat entitled: "PHYSICAL SURVEY OF PORTION OF 48 LINEBERRY RD., PRINCESS ANNE PLAZA, SECTION 6 & 7, 49 (M.B. 49, P. 33-34) VIRGINIA BEACH, VA FOR TOM & TERI 50 WRIGHT" Scale: 1" = 20', dated 08/04/03, prepared by Beck 51 Associates P.C., a copy of which is attached hereto as Exhibit A. 52 53 SECTION II 54 55 The following conditions must be met on or before one (1) year from City 56 Council's adoption of this ordinance: 57 1. The City Attorney's Office will make the final determination regarding 58 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 59 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 60 Closures," approved by City Council. Copies of said policy are available in the Planning 61 Department. 62 2. The applicant is required to dedicate a twenty (20) foot easement over an 63 existing six-inch public water line that is located within the area of closure. 2 64 3. The applicant shall resubdivide the property and vacate internal lot lines to 65 incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted 66 and approved for recordation prior to final street closure approval. 67 4. The applicant shall verify that no private utilities exist within the right-of- 68 way proposed for closure. Preliminary comments from the utility companies indicate that there 69 are no private utilities within the right-of-way proposed for closure. If private utilities do exist, 70 the applicant shall provide easements satisfactory to the utility companies. 71 5. Closure of the right-of-way shall be contingent upon compliance with the 72 above stated conditions within one year of approval by City Council. If all conditions noted 73 above are not in compliance and the final plat is not approved within one year of the City 74 Council vote to close the street, this approval will be considered null and void. 75 76 SECTION III 77 78 1. If the preceding conditions are not fulfilled on or before January 26, 2005, 79 this Ordinance will be deemed null and void without further action by the City Council. 80 2. If all conditions are met on or before January 26, 2005, the date of final 81 closure is the date the street closure ordinance is recorded by the City Attorney. 82 3. In the event the City of Virginia Beach has any interest in the underlying 83 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 84 may be requested to convey such interest, provided said documents are approved by the City 85 Attorney's Office. 86 3 86 SECTION IV 87 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 88 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 89 VIRGINIA BEACH as "Grantor" and THOMAS E. WRIGHT as "Grantee." 90 Adopted by the Council of the City of Virginia Beach, Virginia, on this 21..:thday of January , 20 04. 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 III 112 THIS ORDINANCE REQUIRES AN AFFIRMATIVE VOTE OF THREE-FOURTHS OF ALL COUNCIL MEMBERS ELECTED TO COUNCIL. CA-9022 January 2, 2004 F:\Dala\ATY\Forms\Slreel Closure\ WORKINGlca9022.0RD.doc APPROVED AS TO CONTENT: I ..l-D~ Planni APPROVED AS TO LEGAL SUFFICIENCY: ,~ Ou (j)~ City Attorney '" 4 THIS IS TO CERTIFY THAT ON AtlJ1JST l~ J 2003 , WE SURVEYED THE PROPERTY SHOWN ON THIS PLAT AND THAT THE mLE UNES AND PHYSICAL IMPROVEMENTS ARE SHOWN ON THIS PLAT. THE IMPROVEMENTS STAND STRICfLY WITHIN THE illLE UNES AND THERE ARE NO VISIBLE ENCROACHMENTS OR VISIBLE EASEMENTS EXCEPT ft.S SHOWN. METES &. BOUNDS DESCRIPTION: BEGINNING AT A STEEL PIN THAT IS DISTANT 10,00' ALONG A BEARING OF N 360 W FROM THE INTERSEcnON OF THE EXTENSION OF NORTHEAST LINE OF HOSPITAL DRIVE AND THE EXTENSION Of' THE NORTHWEST LINE OF. LINEBERRY ROAD; THENCE IN AN EASTERLY D1RECllON, ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 10 FEET, AN ARC DISTANCE OF 15,71 FEET TO A POINT; THENCE N 540 E, ALONG THE NORTHWEST LINE OF LINEBERRY ROAD, A DISTANCE OF 104,89 FEET TO A STEEL PIN; THENCE S 35055' 50" E, A DISTANCE OF 50 FEET TO A STEEL PIN; THENCE S 540 W ALONG THE SOUTHEAST LINE OF LINEBERRY ROAD, A DISTANCE OF 104.82' TO A POINT; THENCE IN A SOUTHERLY DIRECTION ALONG THE ARC OF A CURVE TO THE LEFT WITH A RADIUS OF 10 FEET. AN ARC DISTANCE OF 15.71 fEET TO A POINT; THENCE N 360 W, ALONG THE NORTHEAST LINE OF HOSPITAL DRIVE. A DISTANCE OF 70 FEET TO THE POINT OF BEGINNING. EXBffiIT A CONe. CURB AND GUlTER IN 0,4' PIN FOUND ASPHALT ROAD ---- PIN FOUND IN ],5' IN 0,6' M FRAME SHED ~ 21,2' 6' WOOD PENCE o <( o 0::: ~ 0::: 3' LlJ ~ CO LlJ ~ Z ~O u..u.J O~ Z U--' ~ o 8 ~u.J> ~ CO! OOz a... ~ 2 1 BLOCK 83 PRINCESS ANNE PLAZA SECTION 7 (M.B. 49, P. 34) 14 BLOCK 79A PRINCESS ANNE PlAZA SEmON 6 j (M.B. 49, P. 33) '1 ~ w o 00\ 8~ ~ ~ L1'l Z b o o o o 'It" lJ"1 VI N j :?z -1~(' (0i-. ~ \S' of' ~ ~~ , ~ of', '00' V ~ -- 50.00' ~ PIN FOUND -.r -::.;:::: N36;'Qcr 00" W = W~d -p- - PIN FOUND '-... PIN FOUND .........\&1 '" ~~~1: 10 G,ll ~~~.... . . '.I> /.')1., ~S" '<"1', (~. .. <~ .,,. ~. \~\ ~~1 ^. . 0 l~"l, I.~ ~4~.ct/.r.:"';"!~~J( . . .......... ," .1~ .,t'~'~j,~':~J~LI' ~., 1;1:',:,'>:" ,.:' I:;'; ,I.,.~;- , ~:5;" 1I;1~ . ,~,' ~\;~,,1. }J} f~ ~l I~ ~. . "'.o.,~ ~~... ~j ~I: ) ~~.:)~L f;~~\~fJ~;a ~. . ....\ t"~\.H)~/Q ''; ~\ ~'l. ~.'. . .) ,~{ c /i i d ~ ('...;~ ~ r":"!:-',..'~.\ ': , . . :.;~ . .'({i,.t ..J \,) r.. ' .'.," "l-" 'oJ ;:, ',. ~J J. 'f.." "';:\:\ '.) J I\. ~ /;l''; " <,>.:".~<.}.(,j DEED It TIRE REPORT NOT FURNISHED BY CUENT HOSPITAL DRIVE (50'R/W) BY GRAPHIC PLOTTING AND SCALING ONL'i, THIS SITE WAS DETERMINED TO BE IN ZONE X (AREA OUTSIDE 500 YEAR FLOOD) AS SHOWN ON FEMA MAP, COMMUNITY-PANEL NUMBER 515531 0030 E, EFFECTIVE: 12/5/96, PHYSICAL SURVEY OF PORTION OF LINEBERRY RO, PRINCESS ANNE PLAZA, SECTION 6 a 7 (M.B. 49,P.33-34)VIRGINIA BEACH, VA FOR TOM & TERI WRIGHT SCALE: 1" = 2.0 P - z. 0 3 - /0, L-{ 3 0 - 55 - Item V-L.2. PLANNING ITEM # 52167 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED an Ordinance upon application of BA YSIDE PRESBYTERIAN CHURCH for a Conditional Use Permit re a columbarium: ORDINANCE UPON APPLICATION OF BAYSIDE PRESBYTERIAN CHURCHFORA CONDITIONAL USE PERMIT FOR A COLUMBARIUM R010431158 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Bayside Presbyterian Church for a Conditional Use Permit for a columbarium on property located at 1400 Ewell Road (GPIN 14785909870000). DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The columbarium shall be constructed as depicted on the drawings entitled, "Columbarium Study, Bayside Presbyterian Church, Virginia Beach Virginia, Attachment 3, Attachment 6, " dated November 1, 2003, which has been exhibited to the City Council and is on file in the Planning Department. 2. The location of the Columbarium shall be adjacent to the northern Fellowship Hall as depicted on the site plan entitled, " Site Plan, Bayside Presbyterian Church, " dated January 8, 1990, which has been exhibited to the City Council and is on file in the Planning Department. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twenty-seventh of January, Two Thousand Four Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 27, 2004 - 56- Item V-L.3. PLANNING ITEM # 52168 Upon motion by Vice Mayor Jones, seconded by Councilman Schmidt, City Council ADOPTED Ordinance upon applications of 0 B F P, IIVCfor a Conditional Change of Zoning and MODIFIED Conditional Use Permitfor AQUA SPORTS, INC. (APPROVED June 23,1986) ORDINANCE UPON APPLICATION OF 0 B F P, INC. FOR A CHANGE OF ZONING DISTRICT CLASSIFICATION FROM R-1 0, A-12 AND B-2 TO CONDITI01VAL 1-1 Z01041175 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of 0 B F P, Inc. for a Change of Zoning District Classification from R-10 Residential District, A-12 Apartment District and B-2 Community Business District to Conditional 1-1 Light Industrial District on the east side of South Birdneck Road, 900 feet south of Bells Road (GPIN 24166780780000). DISTRICT 6 - BEACH The following condition shall be required: 1. Agreement encompassing proffers shall be recorded with the Clerk of Circuit Court. ORDINANCE UPON APPLICATION OF 0 B F p} INC. FOR A MODIFICATION OF A CONDITIONAL USE PERMIT FOR AQUA SPORTS, INC. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of 0 B F P, Inc. for a modification of a Conditional Use Permit for Aqua Sports, Inc. approved by City Council on June 23, 1986. Property is located on the east side of South Birdneck Road, 900 feet south of Bells Road (GPIN 24166780780000). DISTRICT 6-BEACH The modification is necessary to eliminate the amusement park land area from the subject site, reducing the park areafrom 84.298 acres to' 52.598 acres. These Ordinances 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-seventh of January, Two Thousand Four January 27,2004 - 57- Item V-L.3. PLANNING ITEM # 52168 (Continued) Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None Council Members Absent: None Council Lady Wilson DISCLOSED pursuant to Conflict of Interests Act ~ 2.2-3115 (H) relative 0 B F P, Inc. 's application. Her husband is a principal in the accounting firm of Goodman and Company and that company provides services to 0 B F P, Inc. and E.S. Goo Enterprises, Inc., which has a parent-subsidiary or affiliated business entity relationship with 0 B F P, Inc. Her husband does not personally provide services to 0 B F P, Inc. or E.S. G. Enterprises, Inc. The City Attorney has advised that although she has a personal interest in the transaction, because her husband does not personally provide service to O. B. F. P., Inc. or E. S. G. Enterprises, Inc., she may participate without restriction in City Council's discussion of, and vote. Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record January 27,2004 City- of Virgir1ia I3each ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE: (757) 422-0733 FAX: (757) 426-5669 January 27,2004 Mrs. Ruth Hodges Smith, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Smith: Re: Disclosure Pursuant to Conflict of Interests Act ~ 2.2-3115 (H) Pursuant to the State and Local Government Conflict of Interests Act, I make the following declaration: 1. I am executing this written disclosure regarding City Council's discussion and vote on 0 B F P, Inc.' s application for a change of zoning district classification and a modification of a conditional use permit with respect to property located on the east side of South Birdneck Road, 900 feet south of Bells Road (GPIN 24166780780000). 2. I have a personal interest in this transaction because my husband is a principal in the accounting firm of Goodman and Company, and that company provides services to o B F P, Inc. and E. S. G. Enterprises, Inc., which has a parent-subsidiary or affiliated business entity relationship with 0 B F P, Inc. My husband does not personally provide services to 0 B F P, Inc. or E. S. G. Enterprises, Inc. 3. The City Attorney has advised me that although I have a personal interest in this transaction, because my husband does not personally provide services to 0 B F P, Inc. or E. S. G. Enterprises, Inc., the Act provides that I may participate without restriction in Council's discussion of, and vote on, this transaction, upon disclosure of this interest. 310 53RDSTREET. VIRGINIA BEACH. VA 23451 Mrs. Ruth Hodges Smith -2- January 27, 2004 Re: Disclosure Pursuant to Conflict of Interests Act 9 2.2-3115 (H) 4. I wish to disclose the above facts and declare that I am able to participate in the transaction fairly, objectively, and in the public interest. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance and cooperation in this matter. Sincerely, a ttr~ Rosemary A. Wilson Councilmember RA W /RRI FORM NO. P.S, 18 Cit:Y"' of Virgi:rl..iE:l Beach.. INTER-OFFICE CORRESPONVENCE In Reply Refer To OUf File No. DF-5648 DATE: January 14, 2004 FROM: Leslie L. Lilley B. Kay Wil~\;) DEPT: City Attorney TO: DEPT: City Attorney RE: Conditional Zoning Application OBFP,Inc. The above-referenced conditional zoning application is scheduled to be heard by the City Council on January 27, 2004. I have reviewed the subject proffer agreement, dated September 1,2003, and have determined it to be legally sufficient and in proper legal form. A copy of the agreement is attached. Please feel free to call me if you have any questions or wish to discuss this matter further. BKW Enclosure Prepared by: Jay F. Wilks, Esquire Wilks & Alper, P .C. 700 Town Point Center 150 Boush Street Norfolk, VA 23510-1637 PROFFER AGREEMENT THIS AGREEMENT, made as of this 1st day of September, 2003, by and between 0 B F P. Inc., a Virginia corporation, GRANTOR, hereinafter referred to as GRANTOR; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, hereinafter referred to as GRANTEE. WITNESSETH: WHEREAS, GRANTOR is the owner of a certain parcel of property located in the Beach District of the City of Virginia Beach, containing approximately 31.70 acres and described in Exhibit "A" attached hereto and incorporated herein by this reference, hereinafter referred to as the "Property"; and WHEREAS, the GRANTOR has initiated a conditional amendment to the Zoning Map of the City of Virginia Beach, Virginia, by petition addressed to the GRANTEE so as to charge the Zoning Classification of the Property from R-10 Residential District, A-12 Apartment District, and B-2 Commercial District to 1-1 Industrial District; and WHEREAS, the GRANTEE'S policy is to provide only for the orderly development of land for various purposes through zoning and other land development legislation; and WHEREAS, the GRANTOR acknowledges that the competing and sometimes incompatible development of various types of uses conflict and that in order to permit differing types of uses on and in the area of the Property, and at the same time to recognize the effects of change that will be created by the GRANTOR'S proposed rezoning, certain reasonable conditions governing the use of the Property for the protection of the community that are not generally applicable to land similarly zoned are needed to resolve the situation to which the GRANTOR'S rezoning application gives rise; and WHEREAS, the GRANTOR has voluntarily proffered, in writing, in advance of and prior to the public hearing before the GRANTEE, as a part of the proposed amendment to the Zoning Map with respect to the Property, the following reasonable conditions related to the physical development, operation, and use of the Property to be adopted as a part of said amendment to the Zoning Map relative and applicable to the Property, which has a reasonable relation to the rezoning and the need for which is generated by the rezoning. GPIN No. 24166780780000 1 NOW, THEREFORE, the GRANTOR, its successors and assigns, and other successors in title or interest, voluntarily and without any requirement by or exaction from the GRANTEE or its governing body and without any element of compulsion or Quid QIQ QUO for zoning, rezoning, site plan, building permit, or subdivision approval, hereby make the following declaration of conditions and restrictions which shall restrict and govern the physical development, operation, and use of the Property and hereby covenant and agree that this declaration shall constitute covenants running with the Property, which shall be binding upon the Property and upon all parties and persons claiming under or through the GRANTOR, its successors and assigns, and other successors in interest or title: 1. Landscaping shall be installed in a thirty foot (30') strip along the Property's entire Birdneck Road street frontage. 2. All freestanding signs shall be brick monument style signs. No neon lighting visible from Birdneck Road or the proposed private roadways within the project shall be permitted on the Property. 3. The buildings constructed on each of the proposed lots shall have either brick, split-face block, or Dryvit as the exterior surface of the front, with the remainder of the building of the same material or, painted block or metal. All exterior surfaces shall have an earth tone color. 4. Specific business uses that will not be allowed on the Property are anything that would involve automotive repair and/or service, car wash facilities, heavy equipment sales and service, personal watercraft rentals, or any other t.ype of industrial use that involves the use or storage of hazardous chemical or materials that could possibly cause damage to Owls Creek and it tributaries due to accidental runoff or contamination. 5. All drainage improvements shall be designed to minimize runoff into Owls Creek or its tributaries through the use of on-site stormwater retention ponds and grassed swales. Rip rap shall be used at all outfalls. 6. Trees shall be preserved on the Property where possible. A tree protection plan and planting plan shall be submitted to the Planning Director, or his designee, for review before any clearing or development activity takes place. 7. All lighting should be low level and directed toward the interior of the Property. 8. During the detailed site plan review conducted by Grantee, Grantor shall cause a Traffic Impact Study of the impact of the development of the Property on Birdneck Road to be made, and, prior to the issuance of the first certificate of occupancy for users of the Property, Grantor shall substantially complete, or post a bond for the completion of, any required improvements on Birdneck Road at the entrance to the Property as provided for in the Traffic Impact Study. 9. Further conditions may be required by the GRANTEE during detailed Site Plan review and administration of applicable City Codes by all cognizant City agencies and departments to meet all applicable city Code requirements. 2 All references hereinabove to R-10, A-12, B-2 and 1-1 Districts and to the requirements and regulations applicable thereto refer to the Comprehensive Zoning Ordinance and Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of approval of this Agreement by City Council, which are by this reference incorporated herein. The above conditions, having been proffered by the GRANTOR and allowed and accepted by the GRANTEE as part of the amendment to the Zoning Ordinance, shall continue in full force and effect until a subsequent amendment changes the zoning of the Property and specifically repeals such conditions. Such conditions shall continue despite a subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part of a comprehensive implementation of a new or substantially revised Zoning Ordinance until specifically repealed. The conditions, however, may be repealed, amended, or varied by written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and executed by the record owner of the Property at the time of recordation of such instrument, provided that said instrument is consented to by the GRANTEE in writing as evidenced by a certified copy of an ordinance or a resolution adopted by the governing body of the GRANTEE, after a public hearing before the GRANTEE which was advertised pursuant to the provisions of Section 15.2- 2204 of the Code of Virginia, 1950, as amended. Said ordinance or resolution shall be recorded along with said instrument as conclusive evidence of such consent, and if not so recorded, said instrument shall be void. The GRANTOR covenants and agrees that: (1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be vested with all necessary authority, on behalf of the governing body of the City of Virginia Beach, Virginia, to administer and enforce the foregoing conditions and restrictions, including the authority (a) to order, in writing, that any noncompliance with such conditions be remedied, and (b) to bring legal action or suit to insure compliance with such conditions, including mandatory or prohibitory injunction, abatement, damages, or other appropriate action, suit, or proceeding; (2) The failure to meet all conditions and restrictions shall constitute cause to deny the issuance of any of the required building or occupancy permits as may be appropriate; (3) If aggrieved by any decision of the Zoning Administrator, made pursuant to these provisions, the GRANTOR shall petition the governing body for the review thereof prior to instituting proceedings in court; and (4) The Zoning Map may show by an appropriate symbol on the map the existence of conditions attaching to the zoning of the Property, and the ordinances and the conditions may be made readily available and accessible for pubic inspection in the office of the Zoning Administrator and in the Planning Department, and they shall be recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in the names of the GRANTOR and the GRANTEE. 3 WITNESS the following signature and seal: GRANTOR: o B F P, INC., a Virginia corporation 0N'f C'Y\ :s' Ji, A Mi~elardl Vice President (SEAL) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this } ~+ day of September, 2003, by Michael F. Gelardi, Vice President of 0 B F P, Inc., a Virginia corporation, on behalf of said corporation. ntl.& M C~ \ Notary Public My Commission Expires: 12. '3 1 . 0 l4 C:\WINDOWs\Temporary Internet Files\OLK2F4\OBFP Proffers v3 final.doc 4 EXHIBIT "A" All those certain pieces or parcels of land, with the buildings and improvements thereon, lying, situate and being in the City of Virginia Beach, Virginia, and being known, numbered and designated as Parcel 3, as shown on that certain plat entitled "RESUBDIVISION OF OCEAN BREEZE FESTIVAL PARK", made by Engineering Services, Inc., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 284, Page 7. The above described parcel is situated in the Beach District, Virginia Beach, Virginia and contains 38.636 acres. SAVE AND EXCEPT that portion of the property labeled as a 100' buffer zone in Map Book 192, Page 41, and designated on the City's zoning maps as P-1, Preservation District. 5 \ \ \ \ ~ ol:Il \. !;~;;;; $," ,. Vl ;:::- \ ~ z Vl~' .;"..' ' ~... J' ~~0?- " g~ ~:::=; // ~ ~ cr ;::' :; \ ~ ,j .e ~ ..; ~ // ~Vl~:?~ " (/) ~ ,J ~8~1t:[ \ -Q- f/:":/ 'J! >- ...... ~. ~' /1 " ~o~;' ~ ,.":0<" . II ~ _ _____..' -.."t, ~f" I 'i : : ._-,-,.--.,.....--"':;.::>"~,. .:: i!: 0J _'_--'- ,j."',- + . " ,E " ,//' ,>:i 1 :: Ii~ i:~ ~~.. I // J r~ I :~ : '1' ~ ,1,k:::( = ~~ ~" ---Ii ~ / / -. , I. -:-;: j ,r:---- (" ~d 't61 ""' )' . lN3"JSW3 -,.... . I 1 :;77_ Hl0" -rw":::,j"o . / i j; '-_ ,t_,{!lHUSD<] I J I ~ '~l:;"')/ \ ::.~ //Y : ;...:~; f'/ j' !II /- ~./ /'" I~: \ .- ,/"/: (/1; '1 -/ . .' '" ;s / i' ~ ,/ '- ~ I~ : / r-- -.......:!o~ : ~ I ~ ,',' .~-c:............L : ~: / / ' -......... -- o ! 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'\ " -.h ,,/ -- "",' I. \'" ... ~ ... ~ ..Y ~ /" ,,, · . \ " j i .. ~~" ,~~-., ,.< /",,'" c'l- \,-o()r '1/ 5]]150'; ~ :::, - .~'~ ~ ~'~ ~ : ~~, :: . ....."" .,%",. /: O,,~ ,I"" -' · S1^V].'" NN " H .. ...;' I I 1 v..'."......~./' ...~ ~\~f~~r..i.~..~y. ._9 ~ ':.,Nm . . . . . \, , _.""" 0""" ,,(". . . ,g.... I' _-.- ~~' S ~.,_~,,,, j \ C>....._~~ ,..j.,)~'- ". /.....- " ,,,ii."'.... -<-' ~ h 'h'" ..' . " .,"'; _'-_~~' ;~.;"..,:. ~~ ~r' . .' I .',-e';':'~ ,,,,,,, ~'"'~" ~ \ _,---- __. . ~.... ~i;:H~ ." !'~;~~~ n.. '. .-. ",..... ,!,."~:,,,,, ~ ,.,,,. . .~:~~~jiii~~i.~ii~i;~.- ~ ~d-;l.~ ~ ~ ~ ~ ~.., ....1-utf';:5'i; ;.-.-< " .:./ ,;..:/. ,/- "./" ! ~ ;g~ ~ U ~ ill :ii~i a :aii 0;-- I Q ~ -< ~ 0 ..J :; <~ i ;a~8:s E-o~IIl:: gs~g~ Q Z ~% Z -< o~ -~ ~'" QUO:S ~ 0 ~~ oE-ij> ~<~ o ~ IX: w ~ ',~ (~~; :~d :m 'S'") ..H:lV38 "t 'Jd Inr "'0) _'. " .,.~NlmM .:JO All ..._-:.... J 1lO MOM , . :l, ,.' -' ~~ .l't . ".~'S .........~,'~.9't., -~~ -.. _...~'.."l:)O:.:;.'.~l.: .._~~~~" :> ,,'" ,~"""J, '. " ' '~":" .- ~' : ~;~'...;E~:--_-l_-....~ .H3"3~ ~~ ~:a;:>Cl"tc::J I . ~~.:~"lSI'13 C\J ,.._'~: .~ :.... \t~~~z" '~d, 'LOH '9'Ol ~~~~3~",~~1 LNlfIJM J:J't'N;:o ~:~':::i'XJ ~ ~~ ~ ;3 i s ~~~E ~~~~ ;~~; /..~ .....-- Z ::l / C'\J '\ , .Oo~ - ~ HJ.ClON - 58- Item V-Me APPOINTMENTS ITEM # 52169 BY CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENTS: BOARD OF BUILDING CODE APPEALS/Plumbing/Mechanical COMMUNITY POLICY AND MANAGEMENT TEAM - CSA AT-RISK YOUTH COMMUNITY SERVICES BOARD - (CSB) FRANCIS LAND HOUSE BOARD OF GOVERNORS HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE (HRDE'A) HUMAN RIGHTS COMMISSION MINORITY BUSINESS COUNCIL OPEN SPACE COMMITTEE PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD SENIOR SERVICES OF SOUTHEASTERN VIRGINIA - SEV AMP TIDEWATER REGIONAL GROUP HOME COMMISSION WETLANDS January 27, 2004 - 59- Item V-No ADJOURNMENT ITEM # 52170 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:55 P.M.. ~__J"_~~_~ Beverly O. Hooks, CMC Chief Deputy City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia January 27, 2004 - 59- Item V-N. ADJOURNMENT ITEM#51170 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:55 P.M.. 1-, D. Tau/y Beverly 0. Hooks, CMC Chief Deputy City Clerk ftesSrnith, M a E. Oberndorf City Clerk Mayor City of Virginia Beach Virginia January 17, 2004