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HomeMy WebLinkAboutJUNE 1, 2004 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" MAYO!? MEYERA E. ()BHRNl){JRF~ At-Larxe VICE MAYOR UJ(lJ.\' U. .fONHS, Bayside - f)islr;,:/.J HAURY I:', DlHZEL Kempsville. njslrh,,'1 2 MARGARET 1.. HfRh', Cenlerville - j);.\'/f"ict 1 RHBA S. McCI.ANAN, Nm'" Hall- !)istriCI 3 /?/CHAIW A. MADDOX, Beach - Di.~lrid (; .JIM RHHVE, J'rim'esl" Anne - f);slrict 7 n:nR W SCHMlm: AI-J.arK/: RON A. VIl.LANllHVA, AI-I.afKc !?O.\'HMAl?Y wnsrw, At-l.arKc .fAMNS I,. WOOf), I,YIII/haven -f)islrh'f 5 CITY COUNCIL CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456.8005 PHONE'(757) 427.4303 FAX (757) 426.5669 E-MAIL: Ctycncl@vbgov.com (:/1y MANA(iER -.JAMF;.\' K. SPORE (ny A71'ORNEY. U:SUE L. UJJ.EY CiTY (_'JERK - lU fTH HOfX;hS SMITH, MMe 1 June 2004 I. CITY COUNCIL BRIEFING Conference Room 1:00PM I. SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA Status Report John Hadfield, Executive Director II. CITY MANAGER'S BRIEFINGS I. BEACHEVENTS Program Update Bobby Melatti, BeachEvents 2. DREDGING Dean Block, Director, Department of Public Works III. COUNCIL LIAISON REPORTS IV, REVIEW OF AGENDA ITEMS V. CITY COUNCIL COMMENTS VI. INFORMAL SESSION - Conference Room - 3:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION 6:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Dr. Julius L. Franklin Pastor, Righteous Branch Ministries 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 May 25, 2004 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. CONVEYANCE OF EASEMENT - to VIRGINIA ELECTRIC AND POWER COMPANY (VEPCO) (13.53 acres) for West Landing Electrical Substation I. CONSENT AGENDA J. ORDINANCES/RESOLUTION I. Ordinance to AUTHORIZE the City Manager to convey a perpetual easement to Virginia Electric and Power Company (VEPCO) re the transmission right-of-way to the proposed West Landing Electrical Substation. 2. Ordinance to APPROPRIATE $600,000, TRANSFER $380,000 re first annual "Patriotic Salute and Celebration" on Memorial Day Weekend 2005 and AUTHORIZE the City Manager to execute the Memorandum of Understanding (MOU) with USO of Hampton Roads, Inc. 3. Ordinance to AMEND and REORDAIN the Agricultural Lands Preservation Ordinance (ARP) to allow, prior to closing, designation ofthe number of sites, but not the exact location, reserved for single-family development. 4. Ordinance to AMEND Ordinance 96-2392J, adopted June 4, 1996, to redesign the project and allow modifications re acquisition of property, either by agreement or condemnation, for utility and drainage rights-of-way for Birdneck Road - Phase II widening. 5. Resolution to AUTHORIZE the City Manager to execute an Agreement re Cost Participation and Rights-of-Way Acquisition Agreement between the City and Lago Mar Associates, LLC re construction of a portion of Nimmo Parkway with water line installation. K. APPOINTMENTS BOARD OF BUILDING CODE APPEALS - (a) Plumbing/Mechanical (b) Building Maintenance HEALTH SERVICES BOARD HUMAN RIGHTS COMMISSION OPEN SPACE COMMITTEE SHORE DRNE ADVISORY COMMITTEE SOCIAL SERVICES BOARD L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia June I, 2004 Mayor Meyera E. Oberndorf called to order the City Council Briefing re SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA Status Report in the Council Conference Room, City Hall, on Tuesday, June I, 2004 at 1:00 P.M. Council Members Present: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorf, Peter W Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Jim Reeve [Entered: Closed Session 4: 15 P.M.) Ron A. Villanueva [Entered: 1:56 P.M.) - 2- CITY COUNCIL'S BRIEFINGS SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA Status Report 1 :00 P.M. ITEM # 52631 John S. Hadfield, Executive Director - Southeastern Public Service Authority (SPSAj, recognized. with appreciation. the contributions of Wade Kyle, Administrator - Waste Management Division and Michael J. Barrett, Board Member - Southeasten Public Service Authority. During the past fiscal year, FY 2003, in excess of 1,200,000 tons of waste was managed by SPSA.jor the entire region. Less than one-half was actually placed in the landfill. This was benejicially utilized to create energy jilr the Waste Plant in Portsmouth or recycled for other products. White Goods Program Purpose is to properly dispose of ozone depleting/gas containing appliances (Freon) (in compliance with federal regulation) Virginia Beach Waste Management brings appliances collectedfrom citizens to the facility located at the Landfill II site SPSA handles the evacuation of the items received as well as the recycling of the appliances SPSA created a joint venture with Virginia Beach and the program is going well SPSA assumed this White Goods Program, at no cost to the City. The previous year Virginia Beach expended approximately $150,000 to manage this program. Yard Waste Consolidation Two SPSAfacilities handle the composting Suffolk Composting Facility, Regional Landfill site Yard Waste Processing Facility Landfill II site These two facilities will be consolidated at the Landfill II site A Fall 2004 construction completion is expected Oceana Transfer Station Changes Starting Monday, July 5, the Oceana Transfer Station, 20025 Virginia Beach Boulevard. will no loner accept residential waste SPSA 'sLandstown Transfer Station, 1825 Concert Drive, is available to residents as well as Landfill II The Landstown facility is open Monday through Friday, 8:00 A.M to 4:30 P.M. and Saturdays, 8:00 A.M. to 12:00 Noon Household hazardous waste and used oil disposal is available to Virginia Beach residents at the Landstown site as well Beginning October 1 through March 31, the Oceana Transfer Station will be closed on Saturdays due to slower traffic in these winter months. June 1, 2004 - 3- CITY COUNCIL'S BRIEFINGS SOUTHEASTERN PUBLIC SERVICE AUTHORITY - SPSA Status Report ITEM # 52631 (Continued) Mr. Hadfield advised the two additional activities, working with Virginia Beach, SPSA has installed: new solid waste management software and two new scales at the Virginia Beach Landfill II site (one to be automatedfor City vehicles). The Southeastern Public Service Authority and each of the communities are bound by the organization of SPSA and the contract with each of the communities. Contracts with communities are written to require virtually all waste collected in a community be taken to SPSA and that communities pay the tipping fee necessary to operate the system. The Contract began in 1984 and will expire in 2018. The last expansion of the Regional Landfill required fourteen (14) years to obtain the necessary permits. SPSA must begin planning now for the future: waste disposal activities, other infrastructure improvements needed or desired by the communities; financing to maintain the agency; security, and certainty of environmental standards for waste disposal. Last year SPSA was the recipient of a national award by the Southeastern Association of North America, rating the Southeastern Public Service Authority: Number One Integrated Waste Management System. The Chesapeake Bay Foundation and Hampton Roads Sanitation District also presented prestigious awards to SPSA. A Subcommittee of the SPSA Board of Directors, of which Wade Kyle is a member, is working on a Draft Contract. Mr. Kyle advised City Council will be briefed within the next two (2) months relative SPSA 's intended use of the City's landfill. Mr. Hadfield advised the SPSA Board of Directors is endeavoring toward parity of fees between the Municipalities and the private sector entities. Three years ago, SPSA 's rate was $57.00 a ton. This year the fee is $49.00 and thefee next year will be $46.00 per ton. Thefeefor the private sector is $40.00 per ton. SPSA's goal is to reach a $42.00 a ton parity in FY 2006, Mr. Hadfield advised the three (3) communities in Souths ide Hampton Roads which charge a separate garbage disposal fee, as part of their tax fee: Norfolk Portsmouth Franklin $ 9,00 a month (one-half of the total waste management costs) $19.00 a month (full cost of both collection and disposal) $15.00 - 18,00 a month (full cost of both collection and disposal) The other SPSA communities take the cost of waste management out of the General Fund. Relative escalating cost offuel, this encompasses less than 2% of the total cost. June 1, 2004 - 4- CITY MANAGER'S BRIEFING BEACHEVENTS PROGRAM UPDATE 1:30P,M, ITEM # 52632 Bobby Melatti, representing BEACHEVENTS, advised the mission statement of BEACHEVENTS has been generated by a Steering Committee composed of Directors of the Hotel/Motel Association, Restaurant Association, Retail Association, and a diversified representation of the citizenry. The Mission of BEACHEVENTS is to enhance the image of the Virginia Beach resort for residents and visitors, and to provide memorable educational, cultural, recreational and lifelong learning experiences, thus improving the quality of life and increasing year- round tourist visitation, thereby generating a positive economic impact on the local economy. A Variety Show will be forecast for the first time. A Sea Cruise Cabaret, encompassing a bird act, magician. singing will provide entertainment appealing tofamilies. Puppet shows will continue to be the highlight of the event Diversity Incorporation of diverse multi cultural art forms in programming General entertainment component: Salsa Sundays Island Nights - Reggae music and the Rhythm Project alternate Major event component: Latin Fest features Salsa Dance Competition, Dominoes Championship and Latin America, Cental American and Carribean musical offerings Mr. Melatti referenced the fireworks show and a "Master/Blaster", which is a little black box. Hefinds a family with a small child and requests the child push a button to start the fireworks. The child is handed a cell phone and the child talks to the barge housing the fireworks. The child counts backwards }Yom ten, "presses" the button on the "Master/Blaster", and the fireworks commence. The "little black box" contains nothing but the impression is a long lasting memory for the child and his family. It also encourages their return to Virginia Beach. Strategic Partners Millennium Chess Festival Clear Channel Motorsports Neptune Festival Soul Music Beachfest Philippine-American Festival Virginia Arts Festival Virginia '5 Jewel Virginia Beach City Public Schools June 1, 2004 - 5- CITY MANAGER'S BRIEFING BEACHEVENTS PROGRAM UPDATE ITEM # 52632 (Continued) Aaron Webb, Engineer - Public Works, and his wife organize the Soul Music Beachfest. The Virginia Jewel is a large boat on Laskin Road. A Beach Music cruise consists of the largest number of people to purchase a boat ticket in the history of the Virginia Jewel. A Salsa Cruise is presently being organized. Mr. Melatti referenced the components of the partnership with Virginia Beach City Public Schools: PTA ticket program for Holiday Lights at the Beach (over $50,000 was collected by students selling these tickets) Memorial Day Banner Program with Salem High School Beachstreet USA All-Star Band Support of the Arts "Classical Gas" program features the Tidewater Winds every Wednesday in July and the Virginia Beach Symphony Orchestra every Wednesday in August Stars and Stripes Explosion features the Virginia Beach Symphony Orchestra and Chorale. As many as 30,000 citizens and visitors enjoy these classical offerings each July 4" at the Resort. Historical Programming Virginia Legends Walk at 13'h Street - "Patsy Cline". This year $13,000 will be paidfor this show by the Virginia Legends Walk, Inc. through its fund raising efforts. "Ella": A tribute to the life and music of Ella Fitzgerald "The Wreck of the Dictator" at 25'" Street Park Holiday Lights at the Beach Sense of place and arrival for the Resort during the Winter season Self-perpetuation - no new funds have been required: with the exception of a $1,400 cost one year for the Lights to be temporarily placed at Camp Pendleton Maintenance is keeping up with the elements Regional partnership with Botanical Gardens Mr. Me/atti advised he is an employee with Clear Channel, which is a Fortune 500 Corporation (Number 229). A booklet entitled Military Relations was distributed to City Council. This booklet illustrated the commitment by Clear Channe/ to the Military over the past years. Clear Channel is honored to make the lives of the Military men and women serving in the Tidewater region better and these Military families have more fun. June 1, 2004 - 6- CITY MANA GER '5 BRIEFING DREDGING 1:47 P.M. ITEM # 52623 E. Dean Block, Director of Public Works, discussed the City's Dredging Program, which is a follow-up to the March 9, 2004, City Council briefing and is consistent with the goals and objectives established by City Council to develop a dredging policy. Each of the dredging programs outlined on the chart was discussed during City Council's last presentation on March 9, 2004. Summary of Current Dredging Programs Project Project Type Method Material Disposal Area Big Beach Beach Nourishment Hopper Sand Resort Beach Sandbridge Beach Nourishment Hopper Sand Sandbridge Beach Rudee Inlet Inlet Maintenance Hydraulic Sand Resort Beach (I st-] 2th Streets) Rudee Inlet Inner Inlet Waterway Hydraulic Silt/Clay Lake Rudee and Wesley Harbor Maintenance Lynnhaven Inlet Inlet Maintenance Hydraulic Sand Ocean Park and other Bay Beaches Western Branch - Inland Waterway Hydraulic! Silt/Clay Undefined Lynnhaven River Maintenance Mechanical Silt/Clay Landfill II Eastern Branch - [nland Waterway Hydraulic! Silt/Clay Undefined Lynnhaven River Maintenance Mechanical Silt/Clay Landfill II Long Creek Inland Waterway Hydraulic Sand/Silt Maple Street Site Maintenance Long Creek Canal Inland Waterway Hydraulic Sand/Silt Maple Street Site Maintenance Crab Creek Inland Waterway Mechanical Sand/Silt Lynnhaven Dredge Disposal Maintenance Site Broad Bay Inland Waterway Hydraulic Sand/Silt Maple Street Site Maintenance The Narrows Inland Waterway Hydraulic Sand First Landing State Park Maintenance Stormwater Storm water Hydraulic! Silt/Clay/Sand Identified case by case Management Facilities Management Facility Mechanical Silt/Clay/Sand Landfill II Maintenance Ancillary Channels Private Waterway Hydraulic! Silt/Clay Undefined Maintenance Mechanical Silt/Clay Landfill II June I, 2004 - 7- CITY MANA GER 's BRIEFING DREDGING ITEM # 52623 (Continued) The majority of the program is currently sustainable from a dredged material perspective. The areas of Western Branch and Eastern Branch of the Lynnhaven River and ancillary channels experience difficulty event in the case of stormwater management. Hydraulic Dredging Disposal Sites Characteristics Transmitted through a pipeline in slurry form Use of Dikes and Berms jor Containment Decanting of Water Mr. Block displayed a diagram of the Hydraulic Dredging utilizing either the upland disposal or borrow pit filling. Borrow pits created when I-264 was built were utilized as a primary source of disposal for many of the dredging projects. Capacity and Inventory Hydraulic Dredging Disposal Sites Three (3) major considerations: 'Pumping Distance/proximity to dredged area Availability/suitability Capacity · The length of the pipeline has to be appropriate for the amount and value of the dredging to be accomplished in order to be economically feasible. Mobilization/demobilization costs of the Western Branch, Lynnhaven River, were approximately $850,000. Availability rejers to ownership. If the City does not own the site, there must be a process jor obtaining the site. Suitability refers primarily to the top of the adjacent and surrounding residences. This incorporates a "rough" idea of the ability to permit the site. Capacity is a key issue. Maps depicted the approximate feasible pumping distance ;rom Eastern and Western Branches of the Lynnhaven River and preliminary Hydraulic Dredging Disposal sites. Property records were searched in the City's data bases to identify undeveloped properties greater than five (5) acres (including water bodies). These sites were then screened, based on capacity. The sites which had at least 50, 000 cubic yards of capacity per dredged material disposal were identified. Obvious environmental issues were also considered i.e. wetlands. Sites were not screened out based on availability or suitability. Mr. Block referenced the chart depicting Potential Hydraulic Dredging Disposal Sites At this time, the City does not have a hydraulic site for all of its needs. The Whitehurst Pit exists but is outside the pumping distance of the Western Branch of the L ynnhaven River. It would be within the pumping distance for the Eastern Branch. June I, 2004 - 8- CITY MANAGER'S BRIEFING DREDGING ITEM # 52623 (Continued) Potential Hydraulic Dredging Disposal Sites Property Name Ownership Size - acres Capacity - Neighborhood (s) cubic yards Impacted Western Branch of the Lynnhaven River South Twin Lake Virginia Department of 15 160,000 N/A Transportation Greenwich Lake City of Virginia Beach 37 200,000 Kempsville Heights and Point-O- View Lake Windsor City of Virginia Beach 30 100, 000 Windsor Woods and Windsor Oaks Lake Trashmore City of Virginia Beach 55 100, 000 N/A Wishhart Lake Wishart Lake Protection 22 50,000 Old Donation and Saw Pen Point Group The Brock Farm Doris B. Brock 196 > 500,000 Cypress Point The Williams Farm City of Virginia Beach 58 >150,000 Aragona Village PAVAB Three Condo Associations 40 400.000 Garnett Point Condos, Summerset Condos, Witchduck Lake Condos Eastern Branch of the Lynnhaven River Whitehurst Pit City of Virginia Beach 76 >300,000 Oceana Naval Air Station Flood Family Property Maureen Flood Et. AI. 55 >200,000 Nottingham Estates Capacity and Inventory Mechanical Dredging Disposal Sites Characterists Transferred from Barge to Trucks to Disposal Area Typically needs a Transfer Site Mechanical Dredging involves double handling of the dredged material and required a tramfer site. The material is dredged, placed in a truck and hauled to a disposal site. Mechanical Dredging Transfer Sites Ancillary Dredging Community typically uses own transfer site and roadways for transport Government-owned transfer Sites could be developed June 1, 2004 - 9- CITY MANAGER'S BRIEFING DREDGING ITEM # 52623 (Continued) There are four (4) identified potential government owned transfer sites in the service areas. Mr. Block referenced the map and chart depicting Potential Public Mechanical Dredging Disposal Sites Mechanical Dredging Transfer Sites Considerations Truck Haul Routes, Distance and Impacts A vailabilitylSuitability Capacity With Mechanical Dredging, the process is essentially filling, which readily eliminates many areas where water bodies are considered to be a part of the value of the area. The sites are not screenedfor ownership or community acceptability. Potential Mechanical Dredging Disposal Sites Property Name Ownership Size - acres Capacity - Neighborhood (s) cubic yards Impacted Landfill II Lake City of Virginia Beach 38 900, 000 NIA Wolftnare Pit City of Virginia Beach 67 400, 000 NIA Gomez Pit Williams Holding Corporation 64 > 1,000,000 NIA The Brock Farm Doris B. Brock 196 > 500, 000 Cypress Point The Williams Farm City of Virginia Beach 58 > 150,000 Aragona Village Virginia Beach Sand Pit B H C Acquisition 103 > 250,000 Highgate Greens Corporation The Baillio Pit Baillio Sand Company, Inc. 44 > 130,000 NIA The SeaboardlGunter Pit' M.M Gunter ond Sons, Inc. 30 > 200,000 Foxflre Flood Family Property Maureen Flood Et. AI. 55 > 200,000 Nottinghom Estates *Property currently used as an active private disposal site and charges a fee Mr. Block displayed a map with the ancillary channels depicted which have been dredged since 1990. Some of these have been dredged by "piggy-backing" on projects such as the Eastern Branch and Western Branch Lynnhaven dredging. Many have been accomplished on a private basis without any significant involvement by the City other than the issuance of a permit (estimated to be approximately twenty,four (24)) channels. Potential ancillary channel dredging was also displayed. June 1, 2004 -10 - CITY MANAGER'S BRIEFING DREDGING ITEM # 52623 (Continued) Disposal Volume Needs Eastern Branch - Last Dredged 1990 Lynnhaven River Estimated Next Dredging Cycle Need (2012) 90. 000 cy Western Branch - Last Dredged 2000 Lynnhaven River Estimated Next Dredging Cycle Need (2008) 60,000 cy Ancillary Projects Over thirty (30) projects completed in concert with City projects Many performed independently Based on a 1997 study, as much as 500.000 cubic yards in additional ancillary projects 500, 000 c:y TOTAL Potential Navigational Dredging Need Through 2012 (Estimated) 650,000 cy Existing Plan and Policy Eastern and Western Branches of the Lynnhaven River (City Funded) Hydraulic disposal will be south for the next cycle of dredging for the Western Branch Beyond one or, at most, two cycles, mechanical dredging will become primary method Transfer Sites will need to be utilized Ancillary Channels Continue to allow piggybacking when hydraulic capacity exists Continue to allow use of Landfill II at no cost Relative the Western Branch Lynnhaven River dredging the FY 2004-2005 Capital Improvement Program appropriates $200,000 for preliminary work with the bulk of the funds, approximately $2.8-MILLION, incOlporated in Fiscal Year 2007-2008. Relative the City seeking additional hydraulic and/or mechanical disposal sites, the recommendation is to proceed consistent with timing of the Western Branch cycle. Mr. Block cited alternatives for discussion relative additional assistance the City should provide to ancillary channels. 1. Continue current policy 2. Construct Transfer Site(s) to Facilitate Work 3. Undertake one or more Public Private Education Facilities and Infrastructure Act (PPEA) projects 4. Advance Western Branch City project 5. Government-provided overall program Mr. Block advised the recommendation is to combine Alternatives No.1 and 2. June 1, 2004 - IJ- CITY MANA GER 'S BRIEFING DREDGING ITEM # 52623 (Continued) If recommendations are accepted, the policy will be: City navigational dredging will be performed in accordance with the Capital Improvement Program Ancillary channels will be allowed to piggyback on City projects to the extent disposal capacity exists City will continue to allow ancillary channel projects to use Landfill II for disposal of dredged material City will seek to designate and establish transfer sites, consistent with funding Councilman Schmidt referenced polices for hydraulic dredging versus mechanical dredging and requested the City staff review the potential to create the berms, dikes and drainage necessary to hydraulicly dredge into an area that might be City controlled i.e. transfer station and then once dewatered or decanted then haul out to a disposal site. Therefore, there is a continuing use. Although more expensive than hydraulic dredging, it creates a life cycle by re-utilization. Mr. Block advised this would entail an expense as hydraulic dredging combined with mechanical di;posal is involved. Also suitability issues are entailed. This would not be sand and the material pumped out would have an odor. Concerning the Western Branch Lynnhaven River Dredging in 2008, Council Lady Wilson inquired relative the possibility of allowing the Church Point, Thoroughgood and otherancillmy neighborhoods to piggyback on the front end of the 2008 dredging, as a type of cost-sharing arrangement. Phillip Roehrs, Beach Management - Public Works, advised the next cycle of Western Branch will probably be a six month long contract. Vice Mayor Jones inquired relative the old Borrow Pit behind Burton Station and the Airport Industrial Park and its availability as a hydraulic disposal site. Vice Mayor Jones was concerned relative the Thoroughgood/Church Point dredging issues. This site shall be reviewed by staff This pit is privately owned. Mr. Block advised relative the mechanical hauling to a transfer site, the material taken from the barge and placed in the truck will be "watery" and, therefore, there will be the possibility of leakage. Mr. Roehrs advised fine grain materials take quite a while to "drop ". The silt takes a length of time to dry. Councilman Maddox referenced Lake Rudee and Lake Wesley, which utilize a City-owned dredge. As this is a river dredge and can only work in very calm water, approximately 60% of the time, the dredge sits idle. Councilman Maddox has been approached by residents who live on Lake Rudee i.e. Harbor Point. They reside on canals which have "silted in ". Councilman Maddox does not believe this canal has ever been dredged. As this dredge is already owned, and capacity is not an issue, Councilman Maddox suggested these canals be dredged by the City-owned dredge. Mr. Block advised the permitting issues are important. Buying another dredge might be an alternative for the Lynnhaven. These dredging issues shall be reviewed and information concerning cost provided June 1, 2004 -12- CITY MANAGER'SBRIEFING DREDGING ITEM # 52623 (Continued) The City Manager advised dredging on private property requires a charge. Relative dredging, Councilman Villanueva requested information relative re-instituting the boat tax and increasing the fees at the Lynnhaven Boat Ramp. An overall policy relative long term and short term dredging is necessmy. Mr. Roehrs advised in 1989 the cost for the Rudee Inlet II Dredge was $890,000, Mr. Roehrs believes the cost would be approximately $2-MILLION in today's market. Mr. Block advised relative addressing the ancillary channels, alternative scenarios would be presented concerning a contract versus in-house approach. Information relative the Wolf snare Pit and excavating material to create capacity shall be provided. June I, 2004 -]3 - CITY COUNCIL LIAISON REPORTS 3:15P.M. ITEM # 52624 Councilman Wood, Liaison to Town Center, advised the Premier Steak House will be locating within the Center. A few other tenants will be locating within the Center, but the developers are not ready to make the official announcements. ITEM # 52625 Councilman Maddox, Liaison to the Thirty-First Street Development, advised the Contract for the Parking Garage has been awarded to w: M. Jordan and construction will commence this week. The City Manager advised the Developer has expressed a desire to conduct a tour of the Thirty-First Street structure with a briefing in the construction trailer during the regularly scheduled City Council Workshop on June] 5, 2004 ITEM # 52626 Mayor Oberndorf advised concerning the Preforming Arts Theatre, representatives will confer with each member of City Council concerning various opportunities and direction. ITEM # 52627 Councilman Wood and Council Lady Wilson, Liaisons re City/School Consolidation, advised a meeting was held this morning, June], 2004. This staff has been requested to compile a report to City Council relative possible and existing consolidations. June ], 2004 - 14- CITY COUNCIL COMMENTS 3:20 P.M. ITEM # 52628 Last week, Mayor Oberndorf and Councilman Wood attended the INTERNATIONAL COUNCIL OF SHOPPING CENTERS Conference in Las Vegas, Nevada, relative major corporations' possible location in Virginia Beach. They were accompanied by Donald Maxwell and representatives of the Virginia Beach Economic Development Department. The Mayor, Councilman Wood and Don Maxwell, Director - Economic Development, toured the Las Vegas' Bus Rapid Transit (BRT) project, which is a phenomenal system. The system is at-grade level and fully automated, with 38 seats accommodating approximately 120 standing/seated passengers. Mayor Oberndorf advised it is possible to develop a BRT "loop" which could commence at the Oceanfront, going to Lynnhaven Mall, Town Center and then back to the Oceanfront, providing additional opportunities for vacationers to shop and dine. ITEM # 52629 Councilman Villanueva referenced the recent issue of BE A CH Magazine, featuring Grammy award winning artist/production duo Chad Hugo and Pharrell Williams of the Neptunes. Combined, Hugo and Williams received eleven (II) Grammy nominations and came home with the coveted Grammyfor "Producer of the Year" in February. Chad Hugo graduatedfrom Kempsville and Pharrell Williamsfrom Princess Anne High Schools. The City Council and the City champion diversity. However, some of the comments received from citizens reference these young men being on the cover of REA CH are disappointing and reflect racism. Councilman Villanueva expressed appreciation to Emma Inman, Teresa Diaz and all memhers of the Media and Communications group who responded admirably to e-mails on hehalf of City Council. ITEM # 52630 Councilman Diezel referenced the residents of Wedgewood Mobile Homes Park and the displacement of 300 residents. Councilman Diezel had conferred with the City Attorney's office concerning whether a twelve- month requirement rather than six months notification to vacate could be imposed. Reviewing state law, this is not possible, but the issue might be addressed by governmental actions concerning the condemnation process. With representatives of Housing and Neighborhood Preservation as well as Social Services, Councilman Diezel met with the residents. Councilman Diezel has delivered their questions to staff Councilman Diezel will meet Friday, June 4, 2004, with Andy Friedman, Director - Housing and Neighborhood Preservation, to review these questions and responses with the Developer. ITEM # 52631 Mayor Oberndorfcongratulated Council Lady McClanan, recipient of the TOASTMASTER'S AWARD, Toastmasters International, District 66, recognized Council Lady Reha McClanan, at its Annual Luncheon in Virginia Beach with the Communication and Leadership Achievement A ward. This award is presented annually on a statewide basis. June 1, 2004 - 15- CITY COUNCIL COMMENTS ITEM # 52632 Mayor Oberndorf expressed appreciation to all who attended the Memorial Day Services. Vice Mayor Jones represented the Mayor, accompanied by Councilman Diezel, and the City Manager. Mayor Oberndorf was attending her granddaughter's, Lila, Fifth Grade Graduation. Mayor Oberndorf congratulated the Mayor's Military Commission for their unselfish and dedicated services relative the Memorial Day events. Bill Meyer lost his sister the previous week and still performed his duties admirably without thought to personal grief June 1, 2004 - 16- AGE N DA REV IE W S E S S ION 3:30 P.M. ITEM # 52633 J.1. Ordinance to AUTHORIZE the City Manager to convey a perpetual easement to Virginia Electric and Power Company (VEPCO) re the transmission right-of way to the proposed West Landing Electrical Substation Council Lady McClanan expressed concern and advised part of this route alignment has been changed and some of the property owners are not pleased. This is the last time, the City Council will have the opportunity to consider this right-ofway. Council Lady McClanan will vote NA Y on this item. ITEM # 52634 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTION J.1. Ordinance to AUTHORIZE the City Manager to convey a perpetual easement to Virginia Electric and Power Company (VEPCO) re the transmission right-of way to the proposed West Landing Electrical Substation J.2. Ordinance to APPROPRIATE $600,000, TRANSFER $380,000 re first annual "Patriotic Salute and Celebration" on Memorial Day Weekend 2005 and AUTHORIZE the City Manager to execute the Memorandum of Under standing (MOU) with USO of Hampton Roads, Inc. J. 3. Ordinance to AMEND and REORDAIN the Agricultural Lands Preservation Ordinance (ARP) to allow, prior to closing, designation of the number of sites, but not the exact location, reservedfor single-family development. J.4. Ordinance to AMEND Ordinance 96-2392J, adopted June 4, 1996, to redesign the project and allow modifications re acquisition of property, either by agreement or condemnation, for utility and drainage rights-of way for Birdneck Road - Phase II widening. J.5.Resolution to AUTHORIZE the Ci~Y Manager to execute an Agreement re Cost Participation and Rights-oJ-Way Acquisition Agreement between the City and Lago Mar Associates, LLC re construction of a portion of Nimmo Parkway with water line installation. Council Lady McClanan will vote NAY on Items J.1. and J.2. June 1, 2004 - 17- ITEM # 52634 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION. pursuant to Section 2.l-344(A), Code of Virginia, as amended, for the following purpose.' PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-371 1 (A) (1). Appointments: To Wit: Appointments: Boards and Commissions: Board of Building Code Appeals - (a) Plumbing/Mechanical (h) Building Maintenance Health Services Advisory Board Human Rights Commission Shore Drive Advisory Committee Social Services Board PUBLICLY-HELD PROPERTY- Discussion or consideration of the condition, acquisition, or use of real property for public purpose, the disposition of publicly- held property, plans for the future of an institution which could affect the value of property owned or desirable for ownership by such institution pursuant to Section 2.2-3711 (A)(3). Acquisition/Disposition of Property Princess Anne District LEGAL MA TTERS: Consultation with legal counselor briefings by stafJmembers, consultants, or attorneys pertaining to actual or probable litigation, or other specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-371 1 (A)(7). Newlight Associates, Inc. v. City of Virginia Beach, et al Pickell, Julie v. City of Virginia Beach Upon motion by Councilman Schmidt, seconded by Vice Mayor Jones, City Council voted to proceed into CLOSED SESSION (3:38 P,M.). June 1, 2004 - 18- ITEM # 52634 (Continued) Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Richard A. Maddox and Jim Reeve Councilman Reeve entered the Closed Session at 4; 1 5 P.M. (Recess: 3:40 P.M. - 3:55 P.M.)(Closed Session: 3:55 P.M. - 5:40 P.M.)(Dinner: 5:40 P,M. - 6:00 P.M,) June 1, 2004 -19- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL June 1, 2004 6:00 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, June 1, 2004, at 6:00 P.M. Council Members Present: 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 Absent: None INVOCATION: Dr. Julius L. Franklin Pastor, Righteous Branch Ministries Mayor Oberndorf acknowledged Dr, Franklin and his congregation for sponsoring the Day of Caring in Seatack, teaching young people how to be wonderful parents. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accountingfirm 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 andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes ths disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. June 1, 2004 - 20- Item V-E.1. CERTIFICATION OF CLOSED SESSION ITEM # 52635 Upon motion by Council Lady Wilson, seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting; J]-O Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox, Mayor Meyera E. Oberndorj; Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June J, 2004 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 52634, page 17, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3711 (A) of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW, THEREFORE, BE IT RESOL YED: That the Virginia Beach City Council hereby certifies that, to the best of each member'sknowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. - uth Hodges Smith, MMC City Clerk June 1,2004 - 21- Item V-F. I. MINUTES ITEM # 52636 Upon motion by Council Lady Wilson, seconded by Councilman Diezel. City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of April 13, 2004. Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Margaret L. Eure, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A. Maddox. Jim Reeve. Peter W Schmidt, Ron A. Villanueva and Rosemary Wilson Council Members Voting Nay: None Council Members Abstaining: Mayor Meyera E. Oberndorf and James L. Wood Council Members Absent: None Mayor Oberndorf and Councilman Wood ABSTAINED as they were not in attendance during the City Council Session of May 25, 2004. Mayor Oberndorf and Councilman Wood were attending the INTERNATIONAL COUNCIL OF SHOPPING CENTERS Conference in Las Vegas, Nevada. June I, 2004 Item V-G.]. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 22- ITEM # 52637 AGENDA FOR THE FORMAL SESSION June 1, 2004 - 23- Item V-G.1. MAYOR'S INTRODUCTION ITEM # 52638 Mayor Oberndorfrecognized Dennis J. Borgerding, Civics Teacher - Kemps Landing Magnet School, accompanied by his eighth grade students. There were thirty-five (35) in attendance and others viewing the City Council Session on VB TV to record the proceedings. Mr. Borgerding invited the Mayor to attend the Class's presentation re cleaning and saving the Elizabeth River at the Kemps Landing Magnet School. The Class is following the Lynnhaven and Elizabeth Rivers "Clean-Up" along with the Elizabeth River. Mayor Oberndorf requested all students in attendance stand and state their names so they could be recognized by their parents and peers on this TV live broadcast. June I, 2004 - 24- Item V-LI. PUBLIC HEARING ITEM # 52639 Mayor OberndorfDECLARED A PUBLIC HEARING: CONVEYANCE OF EASEMENT - to VIRGINIA ELECTRIC AND POWER COMPANY (13.53 ACRES) FOR WEST LANDING ELECTRICAL SUBDIVISION Attorney R. J. Nutter was in attendance. if there were questions There being no speakers. Mayor Oberndorf CLOSED THE PUBLIC HEARING June 1. 2004 - 25- Item V-J. ORDINANCES/RESOLUTION ITEM # 52640 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council APPROVED in ONE MOTION Ordinances/Resolution]. 2. 3 and 4 of the CONSENT AGENDA. Voting: ]]-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 .lames L. Wood Council Members Voting Nay: None Council Members Absent: None Council Lady McClanan voted a VERBAL NA Y on Item .1.]. (West Landing Electrical Substation and and .1.2. (Memorial Day Weekend 2005) .lune ], 2004 - 26- Item V-J. I. ORDINANCES/RESOLUTION ITEM # 52641 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to convey a perpetual easement to Virginia Electric and Power Company (VEPCO) re the transmission right-ofway to the proposed West Landing Electrical Substation 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 June 1, 2004 ORDINANCE AN ORDINANCE AUTHORIZING THE CITY MANAGER TO CONVEY A 13.53 ACRES TRANSMISSION LINE EASEMENT TO VIRGINIA ELECTRIC AND POWER COMPANY 1 WHEREAS, the City of Virginia Beach (the "City") is the owner of a certain parcel 2 of real property located along North Landstown Road in the City of Virginia Beach, 3 Virginia, designated as GPINs 1484-86-9245, 1484-87-1819 and 1484-87-9998 and 4 containing approximately 270.905 acres (the "Property") as shown in Map Book 241, at 5 pages 30 and 31; 6 WHEREAS, Virginia Electric and Power Company (the "Company") has completed 7 studies for the alignment and design of a transmission line to extend from the existing 8 Landstown substation to the proposed West Landing substation; 9 WHEREAS, the State Corporation Commission has given their approval for 10 commencement of construction of the project along the approved alignment; 11 WHEREAS, the proposed transmission line will be of benefit to the southern portion 12 of the City, alleviating potential outages; 13 WHEREAS, the Company desires to cross a portion of the Property along the 14 approved alignment; 15 WHEREAS, in order to provide for the construction and future maintenance of the 16 transmission line, the Company must obtain a variable width transmission easement 17 (approximately 120' by approximately 5,400'), containing 13.53 acres (the "Easement") 18 from the City; 19 WHEREAS, the Company has had the Easement appraised at a value of $278,813.00 20 and has made an offer to purchase the Easement from the City for the appraised value; 21 WHEREAS, City staff has determined that the conveyance of the Easement is 22 appropriate, will not be detrimental to the City's future use of the Property, and has been 23 appraised at a fair value; and 24 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That the City Manager is authorized to convey to Virginia Electric and Power 27 Company a 13.53 acres transmission line easement in accordance with Easement 28 Agreement and plat attached hereto. 29 This ordinance shall be effective from the date of its adoption, 30 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 st day of 31 June ,2004. 32 A THREE-FOURTH VOTE OF ALL MEMBERS ELECTED TO COUNCIL IS 33 REQUIRED PURSUANT TO ARTICLE VII, SECTION 9 OF THE CONSTITUTION OF 34 THE COMMONWEALTH OF VIRGINIA. 35 CA-8743 36 PREPARED: 03/13/03 37 38 Approved as to Content Approved as to Legal Sufficiency ~rney 39 40 41 lJ~ tJL Department of Public Works Real Estate 1 PICTURE # 1 VIEW OF TRANSMISSION LINE EASEMENT LOOKING SOUTH FROM NORTHERN PORTION OF CITY PROPERTY • Sol L PICTURE # 2 VIEW OF TRANSMISSION LINE EASEMENT LOOKING NORTH FROM APPROXIMATE CENTER OF CITY PROPERTY `firVI ' PICTURE # 3 VIEW OF TRANSMISSION LINE EASEMENT LOOKING NORTH FROM SOUTHERN PORTION OF CITY PROPERTY 4 .., , ., . ,:, . , , 7, .." 7.. •#.1., • PICTURE # 4 VIEW OF TRANSMISSION LINE EASEMENT LOOKING EAST FROM LANDSTOWN ROAD ALONG THE SOUTHERN PORTION OF CITY PROPERTY . . VAro,74. Nitwori..m......... nnl9 ixuo.,. /' ... . ,..... I, ,..vvipx4 ie.rlii., , ....7 1,1k.f.:40!!.. A. 41,t,-,. ..,."..s./4...i,:;;.,::,.....•40.2:;(40k ....Ah 1...............,:,,,,„. „•,,,e,,,,,•,,,,,,,,, ,, . 110 LANUSTOW N\m,v iii,:-:.:MT-41,7x0fr 44�� amnw••, ` / 1 ,,. 4. , ,z, . SUBSTATION `; _,�,...,,..„,,,t:.,.„,_. •Ii 4'. l ,/ ,:1 , 3‘,11:i /r I�♦^11 � 711/,',8';V:L...it.4...A. ,,..74 ,,,,..„,„.4''''''''''' r- ,,,,,,,...„,_..,.77.,„gt,..t. okPROPOS :�G:r ,„„,,,„ (-- ! :=k :.;C • •�.�'�""° 0Ilil TRANSMISSION ••• : ,., s/"<'. _ -'I€= 1: ;..S.:: �.LINE OVER CITY �i� z 0 :.:1 :i's. �,# teilibissegri PROPERTY `,/�nG��. :,.*:111 \ \u, �..,, . 1 Ill A.itt<>*, --, • Ak,.4),—..libt:Liofi..ii--.1 1 fleer I 1 *'' \ ilk . . v., .,W itAVAI-- 1 \� /i5¢. III 1 111i., iv"' ?1 t4c.!..,1 fqt:;: . - C.;*:!-:7".7'f' ;l W(, / , I ....,i____,„::.„.„,,,,,,,,,,„, H. .,,,,,,„'.. : : 1•'" I -CM itet,......,11;A:H"'-'''aillirn , .,.,....,:villi mil �' a<COURTHOUSE` �� �,::•''.��. -` _:;it:6•ESTATES 1 .1 .o•'.f"�r►" ,/r v, ;moa r_, �, jig. �, \ irk �. '� S� I ��an���±���/a:� <I . ra.. svr 5 mill �, i ........'111111111l,h,I ,i' 1 r.,, . . ,11714 IIUInit ininithiti llhl �Is ` a. ii11111111 _ pgri,,m0:1.14. 1110 , 1 g. 1111,4 / V4.11,41 O. • NIIIIIILI al al et.* tt#70 lin 1\ At, Nip 111101, ie.,, z -2 •61C)- „WIN. Ell A tio PROPOSED o o� . 1p �■ ON ■ TRANSMISSION °5R, p . `�LINE � �. �_%�� ,� �I� II CITY OWNED F tat .) ` ---••••,- ' PROPERTIES , 111 .°14117 W !0' Nish... WES7 NECK RD. b SUBSTATIONS PROP. r_ i U STAON .-141:7 N.T.S. ,pn x Feb.6,2003 ,------ I. T i GENERAL ALIGNMENT OF TRANSMISSION LINE RIGHT OF WAY FOR VIRGINIA ELECTRIC AND POWER COMPANY OVER CITY OWNED PROPERTY SOUTH OF THE LANDSTOWN SUBSTATION , ~'. . . Dom.nlOn~ VIRGINIA POWER Transmission Right of Way Agreement (VA) . (Page 1) THIS TRANSMISSION AND DISTRIBUTION EASEMENT AGREEMENT, made this _ day of ,2003, between THE CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia, GRANTOR, hereinafter called "GRANTOR", and VIRGINIA ELECTRIC AND POWER COMPANY, a Virginia public service corporation, GRANTEE, hereinafter called "COMPANY." WITNESSETH: That for the sum of TEN DOLLARS ($10.00 ), and other valuable considerations, the receipt whereof is hereby acknowledged, GRANTOR grants unto COMPANY, its successors and assigns, the perpetual right, privilege and easement of right of way One Hundred and Twenty (120) feet in width, to lay, construct, operate and maintain one or more lines of poles, towers, structures, and one or more lines of cables and conduits, together with all wires, manholes, hand holes, meters, attachments, equipment, accessories and appurtenances desirable in connection therewith (hereinafter referred to as "facilities"), for the purpose of transmitting and/or distributing electric power and for communication purposes. The COMPANY shall have the right to assign or transfer all or any part of the perpetual right, privilege and easement of right of way granted herein, for the purposes specified above. The said perpetual right, privilege and easement of right of way extends over, under, upon and across certain land of GRANTOR situated in the City of Virginia Beach, Virginia as shown on Plat(s) 2A&2B attached to and made a part of this agreement. Being all that certain lot, piece or parcel of land, lying and being in the City of Virginia Beach, Virginia, designated and described as "2A"" 8,362.368 SQ. FT. = 0.1920 ACRES and "2B'" 581,019.866 SQ. FT. = 13.338 ACRES, all as shown on that certain plat of survey made by Waterway Surveys & Engineering, Ltd., dated December 2002 and entitled "EASEMENT PLAT TO ACCOMPANY RIGHT-OF-WAY AGREEMENT WITH CITY OF VIRGINIA BEACH," which plat has been dulY recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, as Instrument No, , to which reference is made for a more particular description. GPIN Numbers 1484-87.9998 1484-87.1819 1484-86-9245 This document prepared by: Virginia Electric and Power Company. (Page 1 of 4 Pages) VPIDNo(s} LANDS 2 Form No. 730628A1(Nov 99) 730628A 'Dominion~ Transmission Right of Way Agreement (VA) - (Page 2) The facilities installed hereunder shall remain the property of COMPANY. COMPANY shall have the right to inspect, rebuild, remove, repair, improve, relocate such facilities on such right of way, and make such changes, alterations, substitutions, additions to or extensions of its facilities as COMPANY may from time to time deem advisable, COMPANY shall at all times have the right to keep the right of way clear of all buildings, structures (except agricultural fences), trees, stumps, roots and undergrowth. and shall have the further right to trim or fell any tree outside the right of way which, in the sole opinion of the COMPANY, may endanger the safe or proper operation of its facilities. Such a tree shall be any tree which in falling or being felled could come within ten feet of the facilities. All trees felled by COMPANY may be disposed of by COMPANY within four (4) months after they are felled. All trees felled by COMPANY and not removed by COMPANY shall be placed in piles on the right of way, subject to applicable regulatory requirements, where they will not block streams or drainage ditches. All trees, limbs, stumps, roots and undergrowth cut or uprooted by COMPANY and not disposed of by COMPANY within four (4) months after they are cut or uprooted shall be and remain the property of GRANTOR. All trees felled by COMPANY outside the right of way one year or more after COMPANY initially cuts trees outside the right of way shall remain the property of GRANTOR and shall be paid for by COMPANY at their then local market value. Subject to the other provisions hereof, COMPANY shall have the right, but not the obligation, to plant trees and shrubs within the right of way at public road crossings. For the purpose of constructing, inspecting, maintaining or operating its facilities on the right of way or on any of its rights of way on any other property, COMPANY shall have the right of ingress and egress over and upon the property of GRANTOR adjacent to such rights of way. COMPANY shall have the further right of ingress to and egress from the rights of way over such private roads as may now or hereafter exist on the property of GRANTOR. All rights of ingress and egress shall be exercised in such manner as shall cause the least practicabie damage and inconvenience to GRANTOR. COMPANY shall repair damage to fences, roads or other improvements and shall pay GRANTOR for any damage to crops, either inside or outside the right of way, when such damage results from the exercise of the rights herein granted, provided GRANTOR gives written notice thereof to COMPANY within sixty (60) days after such damage occurs. GRANTOR, its successors and assigns, may, without approval of COMPANY, use the right of way for agricultural purposes so long as such use does not interfere with the exercise of COMPANY's rights hereunder. No buildings or other structures shall be constructed on the right of way. With the prior written consent of COMPANY (which consent may be withheld in COMPANY's reasonable discretion), GRANTOR, its successors and assigns, may use the right of way for any purpose not inconsistent with the rights hereby granted including the right to erect fences or to excavate or place fill material on said right of way or drain fields on said right of way and to construct, operate and maintain passways, roads, streets, ditches, water, sewer, telephone, electric or other utility lines (encroachments) across the right of way, provided that the (Page 2 of 4 Pages) VPIDNo(s). LANDS 2 Form No. 730628A2(Nov 99) , .--<- . . Dominion- Transmission Right of Way Agreement (VA) - (Page 3) (Corporate) COMPANY first determines such use does not interfere with or endanger the construction, operation or maintenance of COMPANY's facilities. COMPANY shall at all times have the right to cross Or cut through such encroachments and to interrupt the use thereof, for the purpose of constructing, maintaining, operating, repairing, altering or replacing its facilities, provided, any damage done by COMPANY in the exercise of such right shall be repaired at COMPANY's own cost and expense. The cash consideration hereinabove mentioned is paid by COMPANY and accepted by GRANTOR as full and total payment for the right of way, for all trees and other obstructions within the right of way and for all other rights and privileges hereinabove set forth and for any damages to the residue of GRANTOR's land. GRANTOR covenants that it has the right to convey the said easement of right of way, rights and privileges; that COMPANY shall have quiet and peaceable possession, use and enjoyment of the aforesaid easement of right of way and that GRANTOR shall execute such further assurances thereof as may be required. NOTiCE TO LANDOWNER: You are conveying rights to a public service corporation. A public service corporation may have the right to obtain some or all of these rights through exercise of eminent domain. To the extent that any of the rights being conveyed are not subject to eminent domain, you have the right to choose not to convey those rights and you could not be compelled to do so. You have the right to negotiate compensation for any rights that you are voluntarily conveying IN WITNESS WHEREOF, the GRANTOR has caused its corporate name to be signed hereto by its , the day and year first above written. THE CITY OF VIRGINIA BEACH By: City Manager/Authorizied Designee of the City Manager ATTEST: VIRGINIA ELECTRIC AND POWER COMPANY By: President/Authorized Designee of President (Page 3 of 4 Pages) VPIDNo(s). LANDS 2 Form No. 730628A3(Nov 99 Af~PROVE'J AS TO U'::GAL SUFFICIENCY ~PROVED AS TO CONTEl,fj ". J'/'. ,-,.' ,,..\-/, ',.. /J,)l >{/lIi'.j ! .j(i,,,.:.(J, __ ,p'- u _ ".~IGNAlum:; ~~iil h{;{ flv7~rfJ f""-J..--____ Ql::PARTM[NT W'i.~~~ .._~~~ 'Dominion'. Corporate Notary Blank - (VA) STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to wit: , a Notary Public in and for the State of Virginia at , do hereby certify that I, Large, whose commission expires and whose names are signed to the foregoing writing dated the day of , 2003, as City Manager/Authorized Designee of the City Manager and City Clerk respectively, of the City of Virginia Beach, have acknowledged the same before me on this day of 2003 in the City and State aforesaid. Given under my hand this day of .2003. Notary Public STATE OF VIRGINIA CITY OF RICHMOND, to wit: , a Notary Public in and for the State of Virginia at , do hereby certify that , whose name is signed to the foregoing writing dated the day of , 2003 as President/Authorized Designee of President of Virginia Electric and Power Company, has acknowledged the same before me on this day of , 2003 in the City and State aforesaid. I, Large, whose commission expires Given under my hand this day of ,2003. Notary Public (Page 4 of 4 Pages) VPIDNo(s). LANDS 2 Form No. 720502A(Nov 99) u ~~ lll~ , , gp:D -'" b~ a)<.. gill ..'" ",P P ~;:l " , , p t:iD ~~ "'/'; ~~ '" . ~ l{' '" ~l':l (f.l ~ 8 ~~ ~ ~~ '!l o!~ ~ .S <6 ~S ,$ " . ~ 8,[il ~< !:: i ;t;~ P- ~ ~!f o ~~ ~ ! o N ~ o ~ ~ ~ ~ )! r z ~ ~ 0 J:lUl ~ ~ "[ ~ ~ ~~ ~i _ ~g ~ b~'l! NO II "'1" i ~~ o~ ~ ~~H: ~ G) =i:J;:-1 ~ <:ii5:~ ~I~~~l!i ~ "'~ ",~oCS!- ~ ; ~ ~ ~ ~ ~~ zSiii ~ o:!:~::tz,,28 OJ ['1~" -1~~. , ~ iI:? 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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 June 1, 2004 1 AN ORDINANCE TO AUTHORIZE THE CITY MANAGER 2 TO EXECUTE A MEMORANDUM OF UNDERSTANDING 3 WITH THE USO CONCERNING THE FIRST ANNUAL 4 PATRIOTIC SALUTE AND CELEBRATION, TO 5 APPROPRIATE $600,000 TO THE USO, AND TO 6 TRANSFER $380,000 FROM THE FY 2004-05 GENERAL 7 FUND RESERVE FOR CONTINGENCIES TO SUPPORT 8 THE EVENT 9 10 WHEREAS, the City Council previously adopted a resolution expressmg its collective 11 appreciation and support for the nation's military and directed the City Manager to work with the 12 usa of Hampton Roads, the Navy League, and the Chamber of Commerce to provide all necessary 13 support to bring the First Annual Patriotic Salute and Celebration to fruition on Memorial Day 14 Weekend 2005; 15 WHEREAS, the event will honor the military by providing festive events and musical 16 entertainment over the three-day Memorial Day Weekend; and 17 WHEREAS, the City of Virginia Beach and the usa of Hampton Roads, Inc., (the "USa") 18 have agreed to terms and conditions describing each party's responsibilities, as set forth in a 19 Memorandum of Understanding. 20 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 1. That the City Manager is hereby authorized and directed to execute an Memorandum of 23 Understanding between the City and the usa regarding the First Annual Patriotic Salute and 24 Celebration, in accordance with the Summary of Terms presented to the City Council. 25 2. That $600,000 is hereby appropriated from anticipated reimbursement revenue by the usa 26 from the proceeds of the event to the FY 2004-05 Operating Budget of the Convention and Visitor 27 Bureau for the purpose of funding an Entertainment Funding Grant to the usa. 28 3. That the estimated revenue from local sources IS hereby increased by $600,000 In 29 anticipation of reimbursement from the USO. 30 4. That $200,000 is transferred from the General Fund Reserve for Contingencies to the FY 31 2004-05 Operating Budget of the Parking Enterprise Fund for shuttle bus and parking expenses. 32 5. That $70,000 is transferred from the General Fund Reserve for Contingencies to the FY 33 2004-05 Operating Budget of the Department of Public Works for traffic and beach operations. 34 6. That $110,000 is transferred from the General Fund Reserve for Contingencies to the FY 35 2004-05 Operating Budget of the Police Department for increased public safety. 36 7. That the City Manager is hereby directed to appoint a committee consisting of the 37 following individuals to oversee the administration of the MOU: the City Manager or his designee, 38 the City Attorney or his designee, the Director of Convention & Visitors Bureau ("CVB"), two CVB 39 staff members and Councilmembers Richard A. Maddox and Rosemary Wilson. 40 Adopted by the Council of the City of Virginia Beach, Virginia, on this I" day of June 2004. 41 42 43 APPROVED AS TO CONTENTS: 44 :~ )jOJ\JQ. 47 Management Services 48 APPROVED AS TO LEGAL SUFFICIENCY: / ~ CA-9277 H:\PA\GG\ORDRED\Military Appreciation ORD.DOC R-2 May 26, 2004 MOU between the City and USO of Harnpton Roads, Inc. for Military Appreciation Weekend SUMMARY OF TERMS City: City of Virginia Beach Event Sponsor: USO of Hampton Roads, Inc" a Virginia non-stock corporation Event: First Annual Patriotic Salute and Celebration on Memorial Day Weekend, 2005 Term: Commencing on date of execution of the MOU, The MOU may be renewed by the parties for two additional one-year terms subject to the approval of City Council. Responsibilities of Event Sponsor: . Shall organize, plan, initiate, promote and provide management for the Event. . Shall secure all necessary permits including local Special Events Permit. . Shall secure liability and event interruption/cancellation insurance in amounts and with coverage acceptable to the City and naming the City as an additional insured. . Shall book entertainment with certain drawing power as follows: *One "headliner" act shall be booked for one day of the Event. *One of the major entertainment events shall be a USO Variety Show with a "headliner" comic performer and variety acts with national recognition. *One "second tier" entertainment act with national recognition shall be booked for another day of the Event. *All entertainment to be approved by the City. · Shall be responsible for producing, distributing and collecting tickets. · Shall distribute no more than 5,000 complimentary tickets for each day of the Event to active and retired military and their immediate families as well as sponsors, media and designated officials mutually agreed upon by the City and Event Sponsor. . Shall raise $225,000 in private-sector sponsorship solicitations. · May charge a management fee not to exceed $35,000 for reimbursement of reasonable ordinary expenses incurred in the administration and execution of its obligations set forth in the MOU. Reimbursable expenses include, but are not limited to directly related staff salaries and overtime; additional part time staff wages including summer interns; salary for a volunteer coordinator; mileage and other reasonable travel expenses; uniforms, lodging, meals and other miscellaneous expenses for Event Sponsor on-site staff during the Event. Reimbursements will be made as expenses are incurred and are conditioned upon submission of detailed supporting documents in the form of invoices, logs, time sheets and payroll records. . Shall furnish a performance bond in the sum of $600,000 payable to the City, . If the Event produces a net operating income (ie, funds after repayment of Event Expenses and Management Fee), proceeds shall be applied to repay the $600,000 Entertainment Funding Grant. If any funds are left over they shall be applied first to recover any losses the City incurred from the satellite parking operations and the provision of City services above base service level, and secondly to establish a reserve to be used as a source of funding for any subsequent Annual Patriotic Salute and Celebration on Memorial Day Weekend. . If the Event incurs a net operating loss, the Event Sponsor shall not be obligated to repay the $600,000 Entertainment Funding Grant. Responsibilities of the City: · Shall provide up to $200,000 to City's advertising contractor to market the Event within and without the Hampton Roads area. · Shall provide $600,00 in entertainment funding in three payments of $200,000 each as follows: *No installment shall be paid until the City approves the entertainment schedule. *The first $200,000 will be paid on October 1, 2004 so long as (i) Event Sponsor has submitted a site and logistic plan for the entire Event by August 1, 2004;(ii) Event Sponsor submits supporting documentation evidencing $100,000 in private-sector sponsorships no later than October 1, 2004; and (iii) Event Sponsor provides evidence of booking of the "headliner" act by August 1, 2004. Installment payment and August 1" deadline may be postponed if the"headliner" entertainer has not set its schedule by that date. *The second $200,000 will be paid on January 1, 2005 so long as Event Sponsor submits supporting documentation evidencing $225,000 in private -sector sponsorships no later than January 1, 2005, and provides evidence of booking of the USO Variety Show no later than January 1, 2005, *Last $200,000 installment shall be paid on February 1, 2005. *Second and third installment payments are also subject to the requirement that Event Sponsor produce reasonable documentation, acceptable to the City, evidencing why the installment payment should be made. · Shall provide base City services of police, paramedic, trash removal and maintenance of public areas. Other Terms: . Event Sponsor may establish a non-profit entity to perform its duties and responsibilities under the MOD. The Event Sponsor may assign its rights and obligations under the MOD to this non-profit entity with the written consent of the City, . Event Sponsor agrees to City's auditing requirement. Termination: · If the Event Sponsor cancels the Event without cause, defaults in providing the City with supporting documentation for installment payments of the Entertainment Funding Grant, or fails to comply with any provision of the MOD, the City shall have the right to terminate the MOD. The Event Sponsor shall reimburse the City for all installments, or any portion thereof, paid to the Event Sponsor. F:\Users\VValldej\WP\BZA\uso.trm.wpd - 28- Item V-J.3. ORDINANCES/RESOLUTION ITEM # 52643 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AMEND and REORDAIN the Agricultural Lands Preservation Ordinance (ARP) to allow, prior to closing, designation of the number of sites, but not the exact location, reserved for single- family development. 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 June 1, 2004 1 2 AN ORDINANCE TO AMEND AND REORDAIN THE 3 AGRICULTURAL LANDS PRESERVATION ORDINANCE OF 4 THE CITY OF VIRGINIA BEACH PERTAINING TO 5 RESERVATIONS OF BUILDING SITES IN EASEMENT 6 AREAS 7 8 Sections Amended: Agricultural Lands 9 Preservation Ordinance ~~ 4 and 11 10 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 12 BEACH, VIRGINIA: 13 14 That Sections 4 and 11 of the Agricultural Lands Preservation 15 Ordinance of The City Of Virginia Beach are hereby amended and 16 reordained, to read as follows: 17 APPENDIX J. 18 AGRICULTURAL RESERVE PROGRAM 19 20 Sec. 4. Definitions. 21 22 (b) Agricultural land preservation easement or preservation 23 easement means a nonpossessory interest in land, perpetual in 24 duration, pursuant to which the exercise of development rights on 25 the subject property is prohibited restricted in accordance with 26 the provisions of such easement. 27 28 1 28 29 Sec. 11. Nature of rights acquired; repurchases; exchanges. 30 a) No interest in land other than a perpetual agricultural 31 land preservation easement shall be acquired by the city pursuant 32 to the provisions of this Ordinance, and no such interest shall be 33 acquired by the exercise of the power of eminent domain. The 34 acquisition of a preservation easement by the city shall not confer 35 upon the public any right of entry or access, or any other rights, 36 express or implied. 37 b) The acquisition of a preservation easement by the city 38 shall Bet extinguish afiY the rights of the landowner CJ(Ce~t for the 39 ri~ht to develop the property for any use other than: 40 41 42 43 44 45 46 47 ill ill an agricultural use, as defined in Section 4; and upon proper subdivision of the property, one (1) single-family dwelling on each building site reserved for such purposes in the preservation easement and accessory uses as allowed by Section 401 (b) of the City Zoning Ordinance. Lots so subdivided shall, to the extent possible, contain no more than than three (3) acres of land 48 encumbered by the preservation easement. 49 ~ DhQll not confer upon the public Qny right of entry or 50 ::lccoee, or ::lny other righte, o)[preoo or implied. 2 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 c) Upon the expiration of twenty-five (25) years from the date on which a preservation easement is recorded, the landowner or successor in interest to the property which is subject to the easement may petition the city council to repurchase the development rights on such property. The city council may, by vote of no less than three-fourths of all of its members, and in accordance with all other procedural requirements then governing the sale of municipal interests in land, authorize the sale of such development rights to the petitioning party at the then-current fair market value of such development rights and upon such terms and conditions as may be fair and reasonable. No such sale shall be authorized, however, unless the city council determines by ordinance that: (1) the sale of such development rights is essential to the orderly development and growth of the city; and (2) The development of the property for nonagricultural uses would not be in conflict with the Comprehensive Plan then in effect. (d) In each instance in which development rights to property are sold by the city, other preservation easements of (i) at least equal fair market value, (ii) of greater value as permanent open space, and (iii) of as nearly as feasible equivalent usefulness and location for use as permanent open-space land as the property which is the subject of the petition shall be acquired, unless the city 3 75 council determines by ordinance that: (i) the preservation easement 76 upon the property which is the subject of the petition is no longer 77 needed, (ii) that substitution of other preservation easements is 78 not feasible, and (iii) that no state or federal funds were used in 79 connection with the acquisition of the development rights upon the 80 property which is the subject of the petition. 81 (e) Notwithstanding any other provision of this section, at 82 any time after a preservation easement on a parcel has been 83 acquired, the landowner may petition the city council for the 84 extinguishment of such easement in exchange for the conveyance to 85 the city of a preservation easement on a different portion of the 86 landowner's property meeting all of the eligibility criteria set 87 forth in section 7. The city council shall approve such exchange 88 upon a finding that: 89 90 91 92 93 94 95 96 97 (1) The acquisition of the proposed preservation easement in lieu of the existing easement does not adversely affect the City's interests in accomplishing the purposes of this Ordinance; (2) The proposed easement area meets all of the eligibility requirements set forth in Section 7 of this Ordinance; and (3) The exchange complies with the requirements of subsection (d) . 4 98 (f) The consideration for any acquisition of a preservation 99 easement pursuant to subsection (e) shall consist solely of the 100 extinguishment of the existing preservation easement. 101 102 103 Adopted by the City Council of the City of Virginia Beach, 104 Virginia, on this 1st day of June, 2004. 5 - 29- Item V-J.4. ORDINANCES/RESOLUTION ITEM # 52644 Upon motion by Vice Mayor Jones, seconded by Councilman Reeve, City Council ADOPTED: Ordinance to AMEND Ordinance 96-2392J, adopted June 4, ] 996. to redesign the project and allow modifications re acquisition of property. either by agreement or condemnation, for utility and drainage rights-of- way for Birdneck Road - Phase II widening. Voting: ] ] -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 IV Schmidt, Ron A. Villanueva, Rosemmy Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None June]. 2004 I 2 AN ORDINANCE TO AMEND ORDINANCE NO. 96-2392J, ADOPTED 3 JUNE 4, 1996, AUTHORIZING ACQUISITION OF REAL PROPERTY IN FEE SIMPLE 4 FOR RIGHT OF WAY FOR BIRDNECK ROAD - PHASE II (VDOT) (CIP 2-149) 5 AND TEMPORARY AND PERMANENT EASEMENTS EITHER BY AGREEMENT OR 6 CONDEMNATION 7 8 WHEREAS, on June 4, 1996, the Council of the City of Virginia Beach, Virginia, adopted 9 Ordinance No. 96-2392J (the" 1996 Ordinance") authorizing the acquisition of real property in fee I 0 simple for right of way and temporary and permanent easements for improvements to Birdneck Road II between General Booth Boulevard and Southern Boulevard; 12 WHEREAS. after adoption of the 1996 Ordinance, the Birdneck Road Project underwent 13 major design changes, requiring the acquisition of different property than was affected by the 1996 14 Ordinance. This Ordinance amends the description of the property now needed for the Birdneck 15 Road Project. 16 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia. a public 17 necessity exists for the construction of this important roadway and intersection improvements project 18 to improve transportation within the City and for other related public purposes for the preservation of 19 the safety, health, peace, good order, comfort, convenience, and for the welfare of the people in the 20 City of Virginia Beach: 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 22 VIRGINIA BEACH, VIRGINIA: 23 Section 1. That the City Council hereby amends the 1996 Ordinance to reflect the re- 24 design of the Birdneck Road Project. The land affected is now described in the redesigned Plans 25 (defined below). 26 Section 2. That the City Council authorizes the acquisition by purchase or condemnation 27 pursuant to Sections 15.2-1901, et seq., and Sections 33.1-89 et seq., Code of Virginia of 1950, as 28 amended, of all that certain real property (the "Property") in fee for right of way, together with 29 temporary and permanent easements and entire tracts upon which such rights of way or easements 30 shall be located, within the limitations and conditions of Section 33.1-91 of the Code of Virginia of 31 1950, as amended, as shown on the plans entitled "COMMONWEALTH OF VIRGINIA 32 DEPARTMENT OF TRANSPORTATION, PLAN AND PROFILE OF PROPOSED STATE 33 HIGHWAY, CITY OF VIRGINIA BEACH BIRDNECK ROAD FR: 0.0 II MI. EAST GENERAL 34 BOOTH BLVD. TO: 0.016MI. NORTHSOUTHERNBLVD.PROJ. UOOO-134-V27-PE-IOI,RW- 35 201, C-501," and more specifically described on the acquisition plats for the project (plans and plats 36 collectively referred to as the "Plans"), the Plans being on file in the Engineering Division, Department 37 of Public Works, City of Virginia Beach, Virginia. 38 Section 3. That the City Manager is hereby authorized to make or cause to be made on 39 behalf of the City of Virginia Beach, to the extent that funds are available, a reasonable offer to the 40 owners or persons having an interest in the Property described in the Plans. If refused, the City 4l Attorney is hereby authorized to institute proceedings to condemn the Property. 42 Adopted by the Council of the City of Virginia Beach, Virginia, on the 1 s t day of 43 June ,2004. 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 CA9000 2/17/2004 F:\DataIATY\Forms\COND\WORKING\ca9000.doc P/JJ RrAi {ddf DEPARTMENT APPROVED AS TO LEGAL S~NCY~DFORM W (J,:.. CITY ATTORNEY - ~ BIRDNECK ROAD PHASE II ) I Q~Oi <) .. 0- d . ~\.\.S RO. o C.I.P. 2-149 SCALE: 1" = 1600' - 30- Item V-J.5. ORDINANCES/RESOLUTION ITEM # 52645 Dan Poole, 2308 Painters Lane, Phone: 721-2058, home owner, represented the seven (7) families who are owners of property on Painters Lane, The report received by the City did not show the seven (7) properties had concern relative acquisition o.f their property. Herb Jones, 2313 Sandpiper, 721-1103, inquired relative the beginning and ending of the road, the date construction begins and ends, the amount of the cost participation. Upon motion by Councilman Reeve, seconded by Councilman Maddox, City Council ADOPTED: Resolution to AUTHORIZE the City Manager to execute an Agreement re Cost Participation and Rights-oj-Way Acquisition Agreement between the City and Lago Mar Associates, LLC re construction of a portion of Nimmo Parkway with water line installation Councilman Reeve advised the discussion of acquiring right-of way were not from the residences on Painters Lane. The development of Nimmo only reflects the City's right-of way. To the East, there are a few small slivers less than 1 acre needed to be acquiredfromfarmland. There will be no taking of residences. Deputy City Attorney Macali advised the GPIN Numbers of the parcels acquired are reflected in the Resolution. Deputy City Attorney Macali advised this is less than one acre and he will compare the GPIN numbers on the properties and advise Mr. Poole. The roadway will begin at the point Nimmo Parkway ends, just East of Upton Drive, will go to a point 900feet East of Camino Real. The road will connect with the roadway presently in Section 7 of Lago Mar. The purpose is to provide access for the residents in Section 7 and existing Lago Mar. The road is a two-lane hybrid section containing a bike path. Lago Mar Associates will pay the equivalent cost of constructing a two-lane rural roadway between Townfield Drive and a point 900 feet east of Camino Real South, and the City would pay the remainder of the project cost, including the cost difference between the "rural" and "hybird" roadway sections and that of the bicycle path. The City will be paying for the water and sewer. Voting: II-O Council Members Voting Aye: Harry E. Diezd, 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 Mayor Oberndorf changed her ABSTENTION to a Verbal Aye, as Dan Poole's concerns were satisfied. June 1, 2004 1 2 3 4 5 6 7 8 9 10 11 A RESOLUTION AUTHORIZING AND DIRECTING THE CITY MANAGER TO EXECUTE A COST PARTICIPATION AGREEMENT BETWEEN THE CITY AND LAGO MAR ASSOCIATES, LLC FOR THE CONSTRUCTION OF IMPROVEMENTS TO NIMMO PARKWAY (CIP 2-151) AND A WATER LINE (CIP 5-002) AND AUTHORIZING THE ACQUISITION OF PROPERTY IN FEE SIMPLE FOR RIGHT OF WAY FOR SUCH PROJECTS AND THE ACQUISITION OF TEMPORARY AND PERMANENT EASEMENTS, BY AGREEMENT OR CONDEMNATION 12 WHEREAS, Lago Mar Associates, LLC ("LMA") is the developer of 13 the Lago Mar, Section 7 subdivision adjacent to the Nimmo Parkway 14 right-of-way in the City of Virginia Beach; and 15 WHEREAS, LMA must provide additional access to the 16 subdivision, and the City desires to extend the construction of 17 Nimmo Parkway eastward from its present terminus east of Upton 18 Drive and to construct a water line in the Nimmo Parkway right-of- 19 way; and 20 WHEREAS, LMA is willing to cost participate in the 21 construction of the improvements with the City; and 22 WHEREAS, the City staff have determined that entering into a 23 Cost Participation Agreement with LMA for the construction of the 24 improvements will be beneficial for the preservation of the safety, 25 heal th, peace, good order, comfort, convenience, and for the 26 welfare of the people of the City of Virginia Beach; and 27 WHEREAS, in the opinion of the City Council, a public 28 necessity exists for the construction of a new roadway in the City 29 to extend Nimmo Parkway (CIP 2-151) eastward from its present 30 eastern terminus to a point approximately nine hundred (900) feet 31 east of its intersection with Camino Real South adjacent to the 32 Lago Mar subdivision, in order to improve transportation within the 33 City and for other related public purposes for the preservation of 34 the safety, health, peace, good order, comfort, convenience, and 35 for the welfare of the people in the City of Virginia Beach; 36 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 37 VIRGINIA BEACH, VIRGINIA: 38 FIRST: 39 That the City Manager is hereby authorized and directed to 40 execute the Cost Participation Agreement between the City and LMA 41 dated May 24, 2004, a summary of the material terms of which is 42 hereto attached and a copy of which is on file in the Office of the 43 City Attorney. 44 SECOND: 45 That the City Council authorizes the acquisition by purchase 46 or condemnation pursuant to Sections 15.2-1901, et ~~., Sections 47 33.1-89, et seq., and Title 25.1 of the Code of Virginia of 1950, 48 as amended, of all that certain real property in fee simple, 49 including temporary and permanent easements and entire tracts upon 50 which such rights of way or easements shall be located, within the 51 limitations and conditions of Section 33.1-91 of the Code of 52 Virginia of 1950, as amended from those parcels that have been 53 assigned the GPINs 2414-65-3077, 2414-74-9408, 2414-84-2716, 2414- 54 75-6105, 2414-74-7564 and 2414-74-8969 on the City's tax maps 2 55 (collectively, the "Property"), as specifically depicted on those 56 certain acquisition plats entitled "PLAT SHOWING RIGHT OF WAY TO BE 57 ACQUIRED FOR FERRELL PARKWAY - PHASE VII BY THE CITY OF VIRGINIA 58 BEACH, VIRGINIA FROM W. NICK WRIGHT & WALTER R. WRIGHT," and "PLAT 59 SHOWING RIGHT OF WAY TO BE ACQUIRED FOR FERRELL PARKWAY - PHASE VII 60 BY THE CITY OF VIRGINIA BEACH, VIRGINIA FROM WILLIAM P. BYRUM, ET 61 AL.," both dated August 17,1990 (collectively, the "Plats"), such 62 Plats being on file in the Engineering Division, Department of 63 Public Works, City of Virginia Beach, Virginia; and 64 THIRD: 65 That the City Manager is hereby authorized to make or cause to 66 be made on behalf of the City of Virginia Beach, to the extent that 67 funds are available, a reasonable offer to the owners or persons 68 having an interest in said Property. If refused, the City Attorney 69 is hereby authorized to institute proceedings to condemn said 70 Property. 71 72 73 Adopted by the Virginia, on the 1st Council day of of June the City of , 2004. Virginia Beach, CA-9272 OID\nimmores.doc R-2 May 21, 2004 3 APPROVED AS TO CONTENT: APPROVED AS TO CONTENT: t..~ Utilities APPROVED AS TO LEGAL ]7;; /f.;16J City ~torneY's Office 4 NIMMO PARKWAY COST PARTICIPATION AGREEMENT SUMMARY OF MATERIAL TERMS Developer: Lago Mar Associates, LLC ("LMA") Subject: Nimmo Parkway extension and water line Construction: . LMA to construct a portion of Nimmo Parkway from existing terminus just east of Upton Drive to a point approximately 900' east of Camino Real South (about halfway between Camino Real and Atwoodtown) and a 12" water line from Upton Drive to Atwoodtown Road. . Roadway will be 2-lane "hybrid" section within an ultimate 4-lane undivided section (i.e., curb and gutter on one side, shoulder and ditch on opposite side, with pavement sloped to curb and gutter) so as to facilitate widening to 4 lanes in the future. LMA to also construct bike path. Cost Share: . LMA pays for the cost of constructing a 2-lane "rural" roadway section (i.e., gravel shoulder and swales on each side of pavement) between Townfield Lane and a point 900 feet east of Camino Real South; City pays the remaining cost (which includes 100% of bike path, streetlighting and section between Upton and Townfield). . City pays 100% of cost of water line. . LMA will obtain and provide the City with bids for the work, with City's share for the roadway work shown separately on a unit cost basis. The City will then notify LMA whether its consents to the awarding of contracts for the work. Work must commence within 60 days (subject to permitting and force majeure). . Same arrangement re bids applies to water line work, but the City pays 100% of the cost. . City has right to decline to have any work done at all after receiving bids (roadway or water line). In such event: Other: . City pays no penalty (but would have to pay for its share of the cost of certain preliminary studies); . LMA relieved of duty to build roadway and water line, but may build 2-lane rural roadway between Townfield and Camino Real South. . LMA required to complete, or provide surety for, "loop road" within Lago Mar Section 7 connecting to Nimmo Parkway as condition of development. . City to obtain wetlands & other environmental permits for roadway; LMA to do so for work on "loop road." . Customary provisions apply (e.g., insurance, dedication, surety, termination, force majeure, etc.). - 31 - Item V-M.I. APPOINTMENTS ITEM # 52646 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS. HEALTH SERVICES BOARD HUMAN RIGHTS COMMISSION June I, 2004 - 32- Item V-M.2. APPOINTMENTS ITEM # 52647 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Robert N. Melatti John M. Ryan Warren E. Sachs 2 Years 7/1/04 - 6/30/06 ARTS and HUMANITIES COMMISSION 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 June I, 2004 - 33- Item V-M.3. APPOINTMENTS ITEM # 52648 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Morton H. Savell- Building Maintenance Division Travis Chick - Plumbing and Mechanical Division Unexpired through 12/31/04 plus 2 years 1/1/05 - 12/31/06 BOARD OF BUILDING CODE APPEALS Voting: 1I-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 June I, 2004 - 34- Item V-M.4. APPOINTMENTS ITEM # 52649 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Christopher Torry Breeden J. Kevin Denson 3 Years 6/1/04 - 5/31/07 OPEN SPACE COMMITTEE Voting: ll-O 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 June 1, 2004 - 35- Item V-M.S. APPOINTMENTS ITEM # 52650 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Joseph Bovee REAPPOINTED: Fred Hazelwood Kal Kassir 3 Years 7/1/04 - 6/30/07 SHORE DRIVE ADVISORY COMMITTEE 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 June 1, 2004 - 36- Item V-M.6. APPOINTMENTS ITEM # 52651 Upon NOMINA T10N by Vice Mayor Jones, City Council REAPPOINTED: Lucy J. Palmer 4 years 7/1/04 - 6/30/0 7 SOCIAL SERVICES BOARD 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 June 1, 2004 - 37- Item V-Po ADJOURNMENT ITEM # 52652 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:30 P.M. __Q~m(lZ~~~ Beverly O. Hooks, CMC Chief Deputy City Clerk ~~_it1f4J!~ Ruth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia June I, 2004