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Home My WebLink AboutJULY 12, 2005 MINUTES CITY OF VIRGINIA BEACH COMMUNITY FOR A LIFETIME CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. D1EZEL Kempsville - District 2 ROBERT M. DYER, 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 AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 12 July 2005 I. CITY COUNCIL BRIEFING - Conference Room - CITY HALL BUILDiNG 240i COURTHOUSE DRIVE VIRGINiA BEACH, ViRGiNIA 23456-8005 PHONE: (757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com 3:00 PM A. HEALTH SERVICES ADVISORY BOARD - Access to Basic Health Services Dr. Glenn Snyders, Chairman, II. CITY COUNCIL COMMENTS III. REVIEW OF AGENDA ITEMS IV. INFORMAL SESSION - Conference Room - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION 4:00PM V. FORMAL SESSION - Council Chamber - 6:00PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Rick Hocker Pastor, Freedom Fellowship 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 July 5, 2005 G. AGENDA FOR FORMAL SESSION H. CONSENT AGENDA I. ORDINANCES/RESOLUTIONS 1. Resolution AUTHORIZING the City Manager to execute an operating agreement with the Virginia Beach Performing Arts Center Foundation, Inc. 2. Ordinance to SET the annual salaries of the Mayor and Counci1members at $30,000 and $28,000, respectively, effective July 1, 2006. 3. Ordinance to AUTHORIZE acquisition, by purchase for public purposes, a portion ofthe property for future expansion ofl-264 from WEDGEWOOD ASSOCIATES, LLC; and, AUTHORIZE the City Manager to EXCUTE all documents pertaining thereto, including an option agreement for another portion of the property re the "Flyover Area", (KEMPSVILLE - DISTRICT 2) 4. Ordinance to ACCEPT and APPROPRIATE $147,996 from the U.S. Department of Justice's COPS 2005 Technology grant to the Police re a modem oceanfront camera system. 5. Resolution to ASSIGN the Virginia Beach Mariner's rights and obligations under a Joint Use Agreement for the Sportsplex to Virginia Beach Soccer, LLC. 6. Ordinance to AUTHORIZE the City Manager to execute a lease for a City-owned parcel at Rudee Inlet for a term not to exceed five (5) years with the U.S. Coast Guard re Rudee Navigation Aids. 7. Ordinance to ACCEPT and APPROPRIATE $107,781 in state funding, CREATE four (4) additional positions and TRANSFER the Pretrial and Community Corrections program budgets to the Human Services operating budget. J. PLANNING 1. Application of7-ELEVEN, INC. for a Conditional Use Permit for fuel sales in conjunction with a convenience store at 4554 Wishart Road (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPROV AL 2. Application ofW A W A, INC. for a Conditional Use Permit for gasoline sales in conjunction with a convenience store at Diamond Springs Road and Northampton Boulevard. (DISTRICT 4 - BA YSIDE) RECOMMENDATION: APPROV AL 3. Application of AZALEA GARDEN CHURCH OF GOD for a Modification of a Conditional Use Permit (approved by City Council on August 25, 1998), to reduce the size of the Family Life Center and provide for the addition of a Food Bank building at 1541 Centerville Turnpike. (DISTRICT 1- CENTERVILLE) RECOMMENDATION: APPROV AL 4. Application of BILL Y W. CHAPLAIN for the discontinuance, closure and abandonment of a portion of Rudee Avenue at 13th Street (DISTRICT 6 - BEACH) RECOMMENDATION: APPROV AL K. APPOINTMENTS Beaches and Waterways Commission Eastern Virginia Health Systems Agency Investment Partnership Advisory Committee - PPEA L. UNFINISHED BUSINESS M. NEW BUSINESS N. 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: VIRGINIA RELAY at 1-800-828-1120 ********** Agenda 7/05/05 sib www.vbgov.com MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 12 July 2005 Mayor Meyera E. Oberndorf called to order the CITY MANAGER'S BRIEFING re HEALTH SERVICES AD VISORY BOARD - Access to Basic Health Services in the Council Conference Room, City Hall, on Tuesday, July 12, 2005, at 3:00 P.M. Council Members Present: Harry E. Diezel, Robert M Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, Richard A, Maddox, Mayor Meyera E. Oberndorf, Jim Reeve, Peter W. Schmidt, Rosemary Wilson and James L. Wood Council Members Absent: Ron A. Villanueva [Entered: 3: 1 0 PM.] - 2- CITY MANA GER'S BRIEFING HEALTH SERVICES ADVISORY BOARD 3:00 P.M. ITEM # 54153 Mayor Oberndorf introduced Dr, Glenn Snyders, Chair - Virginia Beach Health Services Advisory Board. The Board has been reviewingpriorities. The Virginia Beach Health Services Advisory Board was enacted by the Virginia Beach City Council on February 7, 1995, to actively participate with community representatives in the comprehensive plan for the development, coordination and evaluation of local health services systems, and to make formal recommendations to City Council and the Health Department, The Virginia Beach Health Services Advisory Board has evaluated the current situation to better understand the health status of the community; the gaps; models to fill the gaps; and, to make recommendations for solutions. The Board utilized data from the Hampton Roads Community Health Assessment conducted by Stephen Horan, PhD of Community Health Solutions, Inc, Estimated 1.3-MILLION people over 800 square miles, mostly urban Chesapeake, Hampton, Newport News, Norfolk, Poquoson, Portsmouth and Virginia Beach Utilized health data from state, city and regional sources e.g. Health Department, Vital Statistics, etcetera Used data from Sentara hospitals emergency department Survey of community health professionals Hampton Roads Community Health Assessment 2004 Five (5) Priorities Access to Basic Health Services Access to Chronic Care Access to Mental Health and Substance Abuse Services Access to Maternal and Infant Services Access to Oral Health Services Virginia Beach Excerpts Access to Basic Health Services 54,075 Uninsured - 24,857 under 200% Federal poverty Level ($38,500 for family of 4) - Highest number uninsured in Hampton Roads. 5,892 Seniors - Under 200% Federal Poverty Level-Medicare Access Issue Emergency Departments seeing patients that should be seen in ambulatory settings Access to Chronic Care: Rates for Heart Disease and Chronic Respiratory Disease more than state average July 12, 2005 - 3 - CITY MANAGER'S BRIEFING HEALTH SERVICES ADVISORY BOARD ITEM # 54153 (Continued) Virginia Beach Excerpts (Continued) Access to Mental Health and Substance Abuse Services: Issues consistent with Region Access to Maternal and Infant Services: Good News - lower than State Average Low Birth Weight Access to Oral Health Services: Issues consistent with Region The Board identified access to basic health services as the number one priority, Access is an issue for uninsured and medicare, medicaid and some private insured patients, Virginia Beach reviewed resources for access to care, as well as other community approaches to accessing this access to care. Dr. Snyders advised the sources of Primary Health Care currently available in Virginia Beach: Beach Health Clinic, Local Emergency Rooms, Virginia Beach Public Health Department and Private Primary Care offices. The Beach Health Clinic treats approximately 2,1 00 patients, with approximately 15,000 patient visits per year. The Health Clinic only handles uninsured patients, not those with medicare or medicaid. Potential Option for Virginia Beach Community Health Center Primary Mission - primary care for all residents. Must be seen as access for all patients - not just uninsured or "poor" Includes some specialty care, Obstetrics, Dental and Mental Health Services required by Federal Grant Capacity - significant and expected e.g. Peninsula Health Center serves 25,000 patients with 75,000 visits per year. Community Support - Board membership requires 51% local users Accepts Medicare, insured patients who do not have a doctor, Medicaid patients and the uninsured. Operates like private family practice with enhanced case management Funding is a mix of insurance payments, sliding scale for uninsured, federal grants and local support Community Health Centers exist in other cities: Portsmouth, Norfolk, Newport News, Suffolk and Eastern Shore with positive results Specific requirements for location of facility in/near medically under served area, commitment of local community for financial and in-kind support Requires federal application - deadline December 2005 July 12, 2005 - 4 - CITY MANAGER'S BRIEFING HEALTH SERVICES ADVISORY BOARD ITEM # 54153 (Continued) The Virginia Beach Health Services Advisory Board, at their May 2005 meeting, voted to endorse a feasibility study and pursue a federally funded Community Health Center in Virginia Beach to improve access to primary care for all residents - uninsured, Medicare, Medicaid and privately insured. Next Steps Steering Committee (composed of the Virginia Beach Department of Public Health, Access Partnership and Sentara Health Foundation, Virginia Beach Health Services Advisory Board) met during June and July. The Committee secured assistance for a feasibility study, potential grant and project coordination, A Planning Committee will assume the duties in July to continue feasibility. The Committee will proceed in phases (each one prerequisite for continuing): Identification of areas to be served Confirmation of health care gaps for segmented population Interest of neighborhoods and leadership - Town Meetings, Neighborhood Presentations Interest of Primary and Specialty Physicians Develop operating budget Location selection Support from local government Secure funding for feasibility, grant and project coordination costs Feasibility Funding Project Coordination Estimate to Completion of Grant: $12,000 Accepted - The Planning Council proposal Funded by Sentara Health Foundation Feasibility and Grant Conducted in Phases - each prerequisite for continuing Total estimated cost $45,000 plus expenses Virginia Primary Care Association/Access Partnership $5,000 Sentara Health Foundation $30,000 Proposed - City of Virginia Beach $10,000 Additional Sources to be determined If the Grant isfunded, the decision would come in March/April 2006. There is substantial competitionfor grants expected. The Community Health Center would require one hundred twenty (I20) days to become operational. This would be a wonderful resource for Virginia Beach residents: Uninsured, Medicare, Medicaid and private pay. The Center must be operated with a balanced mix of patients to be successful. Ongoing local funding is necessary to supplement federal funding and patient payments. The Sentara Health Foundation is committed to ongoingfunding. The City of Virginia Beach is requested to provide continued funding OF $50,000 to $100,000 (with no impact onfundingfor Beach Health Clinic) July 12, 2005 - 5 - CITY MANAGER'S BRIEFING HEALTH SERVICES ADVISORY BOARD ITEM # 54153 (Continued) Dr. Snyders advised the City now matches the State General funds for the Health Department. There are no more new funds. The Health Department formula established in 1956 has never been altered. Dr. Snyders shall provide copies of reports relative the number of physicians, nurses and expenses of the various Community Health Centers. Mayor Oberndorf and Council Lady Wilson suggested the Trauma Center Task Force established August 5, 2003, to examine the change in designation of Sentara Norfolk General to a Level III Trauma Center, review this concept of a Community Health Center. Venita Newby-Owens, MD, M.P.H., District Director - Virginia Beach Health Department, stated accessibility of a Health Center is an issue. Three (3) designated Medically Under-served Areas (MUA's) are required to apply for a grant re a Community Health Center. A targeted needs assessment is currently being conducted to acquire the specific data for these communities. Census tract data must be reviewed. The Comprehensive Needs Assessment would include other neighborhoods in Virginia Beach which are also medically under-served or at-risk. However, the data is not available to support the designation. Vicky Gray, MPH, Virginia Beach Health Services Advisory Board, advised a quote of $45, 000 to conduct several phases of the feasibility study, which will include identification of specific needs in each of the Census tracts. The Federal Government utilizes a scoring system to provide grants. The grant writer, with the Planning Committee will review the grant system utilizing a "mock" scoring basis. If the grant writer determines the Committee would not be successful, the process for application of the grant would cease, $12,000 has also been identified to conduct project coordination. The census tracts identified as medically under-served are the Seatack and the area above Oceana. The Park Place Health Center in Norfolk received a Federal Grant of$687, 000 and two (2) year renewals of $1.2-MILLION The sources of revenue for a Community Health Center are the Federal GrantJees from insurance collected (medicare, medicaid, private insurance) and support from the Community. A separately created not-for-profit organization would oversee the Community Health Center, Volunteers have been requestedfrom Bon Secours. Sentara is volunteering. This is an independent entity, Relative the impact on hospital emergency rooms, approximately one year after the Park Place Health Center opened in Norfolk, there was a 2,3% reduction in the Norfolk General Hospital Emergency Room services. The dollar savings as a result of this reduction shall be provided. Based on the experience of the three (3) existing Community Health Centers (Eastern Shore, Peninsula and Portsmouth), Ms, Gray advised, the range of the home based community's yearly contribution is between $50,000 to $100,000, Angela Scott, representing the Access Partnership, advised they are a 501c3 organization. Councilman Robert Dyer is a Board Member. Access Partnership can playa significant role in helping to garner the additional resources for the Virginia Beach Community Health Center, Other health related organizations with foundations will be approached to provide additional funding. Solicitations are being made in the private as well as public sector, This Health Center is key to the overall access issues for the Region. Pharmacy Care of Hampton Roads is an initiative, which received federal grant funding through Access Partnership. This Pharmacy would also serve the proposed Virginia Beach Health Center, Medications are secured through the major pharmaceutical companies and made available to the Community Health Centers. July 12, 2005 - 6 - CITY MANA GER'S BRIEFING HEALTH SERVICES ADVISORY BOARD ITEM # 54153 (Continued) Mayor Oberndorf and Vice Mayor Jones were concerned relative the long range implication of the Health Center in the City's Operating Budget, This information shall be provided in the feasibility study, Vice Mayor Jones requested information be provided relative the impact on Sentara re income profitability and loses in their emergency rooms. Councilman Wood advised the capital costs portion will be a challenge. City Council concurred with the initial funding of the Feasibility Study ($10,000). July 12, 2005 - 7- CITY COUNCIL COMMENTS 4:05 P.M. ITEM # 54154 Council Lady McClanan referenced concerns of Emma Boston, Executive Board - Treasurer - Bellamy Plantation Civic League, Mrs, Boston referenced information from SusanM Topping, Parks and Recreation Supervisor, The Playground equipment in fifty-four (54) city parks has been found to have deteriorated beyond economical repair and is unsafe. Removal of playground equipment from these neighborhood parks will commence on July 18, 2005, Their neighborhood park on Grey Friars Chase is in the first batch of twelve (12) to have their equipment removed. Council Lady McClanan requested a Briefing be scheduled for the August 2, 2005 City Council Session where Mrs. Boston and other members of the Civic League could speak during the Public Comment period, The City Manager advised, since 1995, the Park Playground Renovations has been an item contained within the Capital Improvement Program, The City Manager advised Cindy Curtis, Director of Parks and Recreation, and Edward Barnes, Landscape Services Administrator, are in attendance to provide further information. Cindy A, Curtis, Director - Parks and Recreation, advised deteriorating equipment has been an issue for the Department since the 1990's. Since 1995, the Department has renovated between five (5) and seven (7) playgrounds, at a cost of$250,000 to $350,000 annually. Due to changes in the Consumer Product Safety Commission (CPSC) and the American Society for Testing and Materials (ASTM) standards, the Parks and Recreation Department undertook a comprehensive, visual inspection of all neighborhood park playground equipment in February and March of2005, Certified Playground Safety Inspectors (CPSI's) conducted these inspections. Wooden play structures, installed in the late 1970's and 1980s, has deteriorated to the point that it was deemed impractical to continue repairing them and the Inspectors recommended removal of all substandard and unsafe playground equipment found inforty-eight (48) parks, This deterioration was not due to neglected maintenance, but rather a matter of wood deterioration when exposed to weather conditions over 20 to 30 years, Unfortunately, funding is currently not available to replace all of the substandard and unsafe playground equipment. The Department is developing a Capital Improvement Program proposal for additionalfundingfor consideration by City Council in its FY 2006-07 Budget deliberations. There are six (6) Certified Playground Inspectors (CPSI's) in the Parks and Landscape Services Division who are City employees. The CPSI certification is a component of their job responsibilities and job titles range from Groundskeeper III to the Superintendent of Grounds Services. The National Recreation and Park Association sponsors the certification program for CPSI Ms, Curtis estimated $2.5-MILLION would be needed to replace all of the substandard playground apparatus. Photographs of the equipment, (displaying head entrapments) were distributed to City Council, This equipment cannot be repaired. There will be meetings with Civic Leagues concerning the replacement of the equipment (style and color), Ms. Curtis believed some of the areas will not wish the equipment replaced. The Virginia Beach Schools have replaced all their playground equipment over the last three (3) years. Edward Barnes, Administrator - Landscape Services, advised wooden areas in the parks where entrapment could occur, have been closed. There was one park which had equipment with eighty-seven (87) "head" entrapments. The City Attorney advised that if the City is on notice, as a public entity, and the playground equipment is unsafe, liability concerns exist. Notices shall be posted at the various parks notifying of meetings concerning replacement of equipment. July 12, 2005 - 8- CITY COUNCILCOMMENTS ITEM # 54155 Councilman Villanueva referenced the invitation of Norfolk State University and the Urban League, who are hosting their annual Video Game Program and Institute (August 1 through August 12, 2005). City Council was requested to sponsor students fourteen years and older with a minimum GPA 2.5 and who experienced financial difficulty. This Institute is teaming up with Microsoft and the Institute of Technology (makers of the most premier video games). This Camp is an excellent opportunity for anyone interested in video game design, July 12, 2005 - 9- AGENDA RE VIE W SESSION 4:35 P.M. ITEM # 54156 1.1. Resolution A UTHORIZING the City Manager to execute an operating agreement with the Virginia Beach Performing Arts Center Foundation, Inc, Councilman Villanueva inquired if there is an annual reporting date for the Virginia Beach Performing Arts Center Foundation. Patricia Phillips, Director of Finance, advised the fund raising campaign is just commencing. Over the next few months, reports will be made. The fiscal year is June Thirtieth. The initial term of this Agreement shall befor two (2) years. At the end of this initial two-year period, the roles of the City and of the Foundation will be reevaluated. Mrs. Philips advised Council Lady McClanan, an Executive Director shall be selected by the City Manager, upon consultation with the Foundation and employed by the City, The Executive Director shall oversee the day-to-day operations of the Foundation and shall assist the Foundation in planning and implementing its fund-raising activities. The City shall also employ a Campaign Coordinator to work with the Foundation to develop and coordinate all aspects of the capital campaign. Specifically, the Campaign Coordinator shall work in collaboration with the Foundation on public relations and marketing strategies, shall plan and implement campaign, donor cultivation and other special events, and shall provide professional administrative service to the Foundation, These two (2) positions are currently in the FY 2006 Operating Budget. Council Lady McClanan will vote a VERBAL NA Y ITEM # 54157 1.2. Ordinance to SET the annual salaries of the Mayor and Councilmembers at $30,000 and $28,000, respectively, effective July 1, 2006. The City Attorney advised this Ordinance must be ADOPTED by January 1, 2005, to be effective the next election. This Ordinance shall be DEFERRED, BY CONSENT, until the City Council Session of August 2, 2005, for Public Comment and August 9, 2005, for action by City Council. ITEM # 54158 1.4, Ordinance to ACCEPT and APPROPRIATE $147,996 from the u.s. Department of Justice's COPS 2005 Technology grant to the Police re a modern Oceanfront camera system. The City Manager advised these are surveillance, not facial, recognition cameras, Captain Dennis Free, Police Department, advised the existing cameras, as positioned, do not look at much of the parking lots, The existing cameras utilize an infrastructure, which is not as flexible as the cameras being proposed, The current system, as a whole, is outdated and cannot take advantage of newer technology. The new system will enhance security, locate swimmers in distress and record images for future review. Council Lady McClanan will vote NAY on this item. July 12, 2005 - 10- AGENDA RE VIE W SESSION ITEM # 54159 1.7, OrdinancetoACCEPTandAPPROPRlATE$107,781 in state funding, CREA TE four (4) additional positions and TRANSFER the Pretrial and Community Corrections program budgets to the Human Services operating budget, The City Attorney advised this Ordinance has been revised with the addition of lines 43-45 *. * "That, as with all grant positions, these newly created positions shall be eliminated if State revenue for the positions is eliminated. " The City Manager advised the Sheriff has indicated a desire to stop running the pretrial program. Due to the Sheriff's wishes and after consulting with the Department of Criminal Justice Services, staff recommends transferring th Community Corrections and Pretrial programs to the Department of Human Services. Community Corrections will be transferred immediately and Pretrial will be transferred no later than October 1, 2005, Over the past years, both programs have had caseloads that are more than triple the recommended minimum for caseworkers. This has caused administrative difficulties, The State has awarded $85,000 in additional funding for one new position in Community Corrections and one new position in Pretrial plus $22,781 to assist with increasing program costs, Even with these new positions, the case load for both programs remain above State recommended minimum levels. Terry Jenkins, Director - Human Services, advised Bessie Bell, who directed the Community Services program, recently retired from the City. This program serves individuals found guilty and who have committed a misdemeanor or nonviolent felony. Instead of going to jail, the individuals perform community service, The pre-trial program performs a different function to examine current prisoners who have not been able to secure bond. Instead of continuing to incarcerate them, if they are seen as a low risk, then they are overseen by the pre-trial program. Both of these programs have experienced higher case/oads than comparable localities throughout the State. By combining the two programs, funding should be saved in administration, Staff will meet the week of July Twenty-fifth with the Department of Justice Service, who will be reviewing the caseloads and assisting with determining the reason for Virginia Beach's caseloads being so much higher than the rest of Virginia, Council Lady McC/anan will vote a VERBAL NA Y. ITEM # 54160 BY CONSENSUS, the following shall compose the CONSENT AGENDA: ORDINANCES/RESOLUTIONS 1.1. Resolution A UTHORlZING the City Manager to execute an operating agreement with the Virginia Beach Performing Arts Center Foundation, Inc, 1. 2, Ordinance to SET the annual salaries of the Mayor and Councilmembers at $30,000 and $28,000, respectively, effective July 1, 2006. July 12, 2005 -11 - AGE N DA REV I E W S E S S ION ITEM # 54160 (Continued) I3. Ordinance to AUTHORIZE acquis,ition, by purchase for public purposes, a portion of the property for future expansion of 1-264 from WEDGEWOODASSOCIATES, LLC; and, A UTHORIZE the City Manager to EXECUTE all documents pertaining thereto, including an option agreement for another portion of the property re the "Flyover Area", (KEMPSVILLE - DISTRICT 2) I4. Ordinance to ACCEPT and APPROPRIATE $147,996 from the Us. Department of Justice's COPS 2005 Technology grant to the Police re a modern Oceanfront camera system. I5. Resolution to ASSIGN the Virginia Beach Mariner's rights and obligations under a Joint Use Agreement for the Sportsplex to Virginia Beach Soccer, LLC. I6. Ordinance to A UTHORIZE the City Manager to execute a lease for a City-owned parcel at Rudee Inlet for a term not to exceedfive (5) years with the Us. Coast Guard re Rudee Navigation Aids. I7, Ordinance to A CCEPT andAPPROPRIATE $107,781 in state funding, CREATEfour (4) additional positions and TRANSFER the Pretrial and Community Corrections program budgets to the Human Services operating budget, Item I2. shall be DEFERRED, BY CONSENT, until the City Council of August 2, 2005 (PUBLIC COMMENT) and August 9, 2005 (ACTION) Council Lady McClanan shall vote a VERBAL NAY on Item II., I3., I4 and I 7 Item I5. shall be DEFERRED, BY CONSENT, until the City Council Session of August 2,2005. Item I 7 shall be ADOPTED, BY CONSENT, as REVISED. July 12,2005 - 12- AGENDA RE VIE W SESSION ITEM # 54161 ADD-ON Application of ROBIN G. and G. DAVID WALTRIP and JOHN WARD JR. closure of portion of Sunny Avenue and Athens Boulevard (APPROVED: July 13, 2004) request to extend time for compliance (to November 12, 2005) (DISTRICT 4 - BAYSIDE) The City Attorney distributed this item to be ADDED to the Agenda, The applicant has requested an extension of the time period to record the resubdivision plant. The resubdivision plat and fifty (50}-foot wide right-of-way dedication is currently under review in the Development Services Center; however, it is unlikely the plat can be recorded prior to the July 13, 2005 deadline, This item shall be added as J,5 of the Consent Agenda. ITEM # 54162 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA: PLANNING J,1. Application of 7-ELEVEN, INC. for a Conditional Use Permit for fuel sales in conjunction with a convenience store at 4554 Wishart Road (DISTRICT 4 - BAYSIDE) J,2, Application ofW A W A, INCfor a Conditional Use Permit for gasoline sales in conjunction with a convenience store at Diamond Springs Road and Northampton Boulevard. (DISTRICT 4 - BAYSIDE) J,3. Application of AZALEA GARDEN CHURCH of God for a Modification of a Conditional Use Permit (approved by City Council on August 25, 1998), to reduce the size of the Family Life Center and provide for the addition of a Food Bank building at 1541 Centerville Turnpike. (DISTRICT . 1 - CENTER VILLE) J,4. Application of BILLY W. CHAPLAIN for the discontinuance, closure and abandonment of a portion of Rudee Avenue at 13th Street (DISTRICT 6 - BEACH) J,5, (ADD-ON) Application of ROBIN G. and G. DAVID W ALTRIP/ JOHN WARD JR. closure of portion of Sunny Avenue/Athens Boulevard (APPROVED: July 13, 2004) request to extend time for compliance (to November 12, 2005) (DISTRICT 4 - BAYSIDE) July 12, 2005 - 13- ITEM # 54163 Vice Mayor Jones entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-344(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 2,2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Board of Zoning Appeals Beaches and Waterways Commission Development Authority Eastern Virginia Health Systems Agency Investment Partnership Advisory Committee- PPEA Parks and Recreation Commission Public Library Board PUBLICLY-HELD PROPERTY: Discussion or consideration of the condition, acquisition, or use of real property for public purpose, or of the disposition of publicly-held property, or of plans for the future of an institution which 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 (ARP) Lynnhaven District LEGAL MA TTERS: Consultation with legal counselor briefings by staff members, 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 2.2-3711 (A)(7). Team Effort, Inc. d/b/a "LIVE" et ai, v, City of Virginia Beach PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excludedfrom this chapter pursuant to Section 2.2- 3705.6(11) AND Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Lobbying Contract Upon motion by Councilman Reeve, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (5:10 P.M.) July 12, 2005 - 14- ITEM # 54163 (Continued) Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 Absent: James L. Wood (Closed Session: 5:10 P.M. - 5:40 P.M.) (Dinner: 5:40 P.M. - 6:00 P.M.) July 12, 2005 - 15 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 12, 2005 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, July 12, 2005, at 6:00 P.M. Council Members Present: Harry E. Diezel, Robert M. Dyer, 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- Vice Mayor Louis R, Jones 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 and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure, Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record. 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 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. July 12, 2005 - 16 - Item V-Eo CERTIFICATION OF CLOSED SESSION ITEM# 54164 Upon motion by Councilman Dyer, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council, Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 July 12, 2005 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 # 54163, page 13, 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 RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. ~_L7~~- uth Hodges mith, MMC ' City Clerk July 12, 2005 - 17- Item V-F.1. MINUTES ITEM #54165 Upon motion by Councilman Reeve, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL AND FORMAL SESSION of July 5, 2005. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Vice Mayor Louis R. Jones, Reba S. McClanan, 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 Abstaining: Richard A. Maddox Council Members Absent: None Councilman Maddox ABSTAINED as he was not in attendance during the City Council Session of July 5, 2005. July 12, 2005 - 18- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #54166 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION ADDED: Application of ROBIN G. and G. DAVID WALTRIP and JOHN WARD JR. closure of portion of Sunny Avenue and Athens Boulevard (APPROVED: July 13, 2004) request to extend time for compliance (to November 12, 2005) (DISTRICT 4 - BAYSIDE) July 12, 2005 - 19- Item V-I. ORDINANCES/RESOLUTION ITEM # 54167 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 1,3,4,5 (DEFERRED), 6 and 7 (REVISED) of the CONSENT AGENDA. Item 1.5 was DEFERRED, BY CONSENT, until the City Council Session of August 2, 2005 Item 1. 7 was ADOPTED, AS REVISED, BY CONSENT. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 Lady McClanan voted a VERBAL NAY on Item 1.1,1.3,1.4 and 1. 7 of the CONSENT AGENDA. July 12, 2005 - 20- Item V-J.1. ORDINANCES/RESOLUTION ITEM # 54168 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Resolution A UTHORlZING the City Manager to execute an operating agreement with the Virginia Beach Performing Arts Center Foundation, Inc. Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 July 12, 2005 1 2 3 4 5 6 A RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE AN OPERATING AGREEMENT WITH THE VIRGINIA BEACH PERFORMING ARTS CENTER FOUNDATION, INC. WHEREAS, the Virginia Beach Performing Arts Center, Inc. 7 (the "Center") is a community-based, professional quality, 8 twelve hundred-seat facility that is currently under 9 construction at the Town Center in Virginia Beach; and 10 WHEREAS, the mission of the Center is to provide 11 exceptional cultural opportunities for the community to both 12 participate in and enjoy and to serve as a cultural focal point 13 for the performing arts in Virginia Beach; and 14 WHEREAS, the Virginia Beach Performing Arts Center 15 Foundation, Inc. ("Foundation" ) 1S a permanent, non-profit 16 section 501 (c) (3) organization whose responsibilities include 17 (i) providing adequate resources for the activities of the 18 Center through a commitment to fundraising, including capital 19 endowment, and potential on-going annual fundraising; (ii) 20 advising on long-range planning and vision for the Center; (iii) 21 ensuring that the work of the Center is consistent with the 22 mission; (iv) serving as an ambassador in the community and 23 region advocating the mission and establishment of the Center; 24 and (v) serving on committees or task forces, as needed; and 25 WHEREAS, the Operating Agreement between the City and the 26 Foundation memorializes the responsibilities and obligations of 27 the City and the Foundation as they relate to certain 28 operational activities of the Center to assure the success and 29 prosperous growth of the Center. 30 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 31 OF VIRGINIA BEACH, VIRGINIA: 32 33 The City Manager is hereby authorized and directed to 34 execute said Operating Agreement on behalf of the City of 35 Virginia Beach. A summary of the material terms of the 36 Operating Agreement is attached hereto and a true copy of the 37 Operating Agreement is on file with the City Clerk. 38 39 40 Adopted by the Council of Virginia on the 12th day of <TIll y the City of Virginia Beach, , 2005. Approved as to Content: 7;)J):; ;~N::JncY City Attorney ~f141,1. ~ Di ect~r, Museums and Cultural Arts CA July 6, 2005 R-1 2 OPERATING AGREEMENT BETWEEN THE CITY OF VIRGINIA BEACH AND VIRGINIA BEACH PERFORMING ARTS CENTER FOUNDATION, INC. THIS OPERATING AGREEMENT ("Agreement") made and entered into as of this _ day of ,2005, by and between the CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia (the "City"), and the VIRGINIA BEACH PERFORMING ARTS CENTER FOUNDATION, INC., a permanent, non-stock, non-profit organization with a tax exempt status under section 501 (c) (3) of the United States Internal Revenue Code (the "Foundation"). RECITALS WHEREAS, the City is the owner of grounds and related facilities currently under construction in the City of Virginia Beach, known as the Virginia Beach Performing Arts Center (the "Center"). It is estimated that construction of the Center will be completed in 2007; WHEREAS, the Foundation is a non-stock, non-profit, charitable organization existing under the laws of the Commonwealth of Virginia; WHEREAS, the responsibilities of the Foundation include (i) providing adequate resources for the activities of the Center through a commitment to fundraising, including capital, endowment, and potential on-going annual fund raising; (ii) advising on long- range planning and vision for the Center; (iii) ensuring that the work of the Center is consistent with the mission; (iv) serving as an ambassador in the community and region advocating the mission and establishment of the Center; and (v) serving on committees or task forces, as needed; and WHEREAS, the Foundation and the City wish to assure the success and prosperous growth of the Center in the future by memorializing the responsibilities and obligations of the City and the Foundation as they relate to certain operational activities. Page 1 of 7 AGREEMENT The parties to this Agreement, for and in consideration of the mutual efforts to promote and support the development of the Center, agree as follows: 1. OPERATING PROCEDURES A. The City Manager of the City of Virginia Beach (the "City Manager") shall be the official responsible for the administration of this Agreement for the City. B. An Executive Director shall be selected by the City Manager, upon consultation with the Foundation, and employed by the City. The Executive Director shall oversee the day-to-day operations of the Foundation and shall assist the Foundation in planning and implementing its fundraising activities. The Executive Director shall receive no remuneration from the Foundation and shall have no voting rights with respect to Foundation business or affairs. C. The City shall employ a Campaign Coordinator to work with the Foundation to develop and coordinate all aspects of the capital campaign. Specifically, the Campaign Coordinator shall work in collaboration with the Foundation on public relations and marketing strategies, shall plan and implement campaign, donor cultivation, and other special events, and shall provide professional administrative services to the Foundation. The Campaign Coordinator shall report to the Executive Director. D. The City and the Foundation may engage in joint promotional efforts, including marketing and the solicitation of funding through grants. However, no City employee shall actively solicit any donations on behalf of the Foundation unless the City Manager specifically approves such activity. Any funds or grants received by the City shall not be appropriated to the Foundation unless so directed by the City Council pursuant to an ordinance adopted by City Council. Any funds or grants received by or awarded or donated to the Foundation shall be accounted for in the Foundation's records and disbursed in accordance with the donor's or grantor's instructions. E. In the event the Foundation dissolves, becomes inactive, or discontinues its active support of the Center, all monies pledged or dedicated to the Center for any existing project shall become property of the City, and shall only be used by the City for the purpose for which they were pledged or dedicated. Page 2 of 7 F. The City and the Foundation acknowledge and agree that all Foundation correspondence, financial records and all Foundation documents shall be kept separate and apart from all City records. G. In return for the Foundation's in-kind contributions and services to the Center, and in furtherance of the Foundation's goal of supporting the Center through advocacy and fundraising, the City will, at its expense: (i) employ a Campaign Coordinator, as described above; (ii) provide for the supervision of the Campaign Coordinator, by the Executive Director, and supervise the quality, accuracy, and timeliness of campaign correspondences, proposals and other materials; (iii) make available office space to house and equip the Foundation's administrative and personnel needs; (iv) provide the Foundation with a facsimile machine, computer hardware and software, copying equipment, and dedicated telephone lines to implement and facilitate the responsibilities of the Foundation; (v) supply additional City personnel, as necessary, to provide informational support and to keep the Foundation abreast of the construction progress and of programming developments related to the Center; and (vi) permit access to City facilities for fundraising activities and for other private functions which generate revenue for the Center, subject to the prior approval of the City Manager or his designee. 2. INSURANCE The Foundation shall provide to the City's Risk Management Administrator evidence of liability insurance coverage for the Foundation and its employees and Board Members. All policies of insurance required herein shall be written by insurance companies licensed to conduct the business of insurance in Virginia and shall carry the provision that the insurance will not be cancelled or materially modified without thirty (30) day prior written notice to the City. 3. RECORD KEEPING A. The Foundation shall provide annually to the City an audited financial statement. The audit shall be made in accordance with generally accepted auditing standards by an independent certified public accountant covering all monies which are the subject of this Agreement. The statement will be provided on or before June 30 of each year during this Agreement but shall not include any information regarding individual Foundation donors. B. The Foundation shall provide the City with an updated copy of its articles, bylaws and officers and directors. The Foundation shall also provide the City with a copy of its IRS Form 990 (Return of Organization Exempt from Income Tax) without accompanying documentation providing information concerning any specific Foundation donor. Page 3 of 7 4. INDEPENDENT CONTRACTORS In the performance of this Agreement, both the City and the Foundation will be acting in an individual capacity and not as agents, employees, partners or joint venturers or associates of one another. The agents or employees of the one shall not be construed to be the agents or employees of the other. City employees shall remain employees of the City notwithstanding the fact that they may assist the Foundation. Neither the City nor its agents, volunteers, servants, employees or officials shall be responsible or liable for any claim or suit arising from contracts, agreements, understandings or arrangements made by the Foundation with any person or entity covering services or good procured by the Foundation, or for the negligent or willful acts of the Foundation. 5. TERM The initial term of this Agreement shall be for two (2) years from the date of execution. The Agreement shall be reviewed and revised following the expiration of the original term to reflect the evolving roles of the City and the Foundation. Thereafter, the Agreement may be renewed for additional two-year terms with the consent of City Council. 6. AMENDMENTS OR MODIFICATIONS The City or the Foundation may amend or modify this Agreement upon mutual agreement. Such amendment(s) or modification(s) shall be in writing and executed by the authorized representatives of the City and the Foundation. 7. TERMINATION The City or the Foundation may terminate this Agreement at any time upon giving thirty (30) days written notice to the other party. Each party shall continue to fulfill all of its obligations under the Agreement during the said thirty (30) day period. 8. NOTICES Any notice or notices required or permitted pursuant to this Agreement shall be given by certified mail, postage prepaid, return receipt requested as follows: To the City: James Spore City Manager City of Virginia Beach 2401 Courthouse Drive, Room 234 Virginia Beach, VA 23456 Page 4 of 7 To the Foundation: Linwood Branch, III President, Virginia Beach Performing Arts Center Foundation, Inc. Days Inn at the Beach 1000 Atlantic Avenue Virginia Beach, VA 23451 9. ENTIRE AGREEMENT The parties agree that this writing constitutes the entire agreement of the parties and that there may be no modification of this Agreement, except in writing, executed by the authorized representatives of the City and the Foundation. As evidence of their agreement to the terms and conditions set forth herein, the parties affixed their authorized signatures hereto: CITY OF VIRGINIA BEACH ATTEST: By: City Manager / Authorized Designee of City Manager Ruth Hodges Smith City Clerk VIRGINIA BEACH PEFORMING ARTS CENTER FOUNDATION, INC. ATTEST: By: Title: Page 5 of 7 COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing instrument was acknowledged before me this _ day of , 2005, by City Manager/Authorized Designee of the City Manager of the City of Virginia Beach, on its behalf. He/She is personally known to me. Notary Public My Commission expires: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing instrument was acknowledged before me this _ day of , 2005, by Ruth Hodges Smith, City Clerk of the City of Virginia Beach. She is personally known to me. Notary Public My Commission expires: COMMONWEALTH OF VIRGINIA CITY OF VIRGINIA BEACH The foregoing instrument was acknowledged before me this _ day of , 2005, by , as (title), respectively of the Virginia Beach Performing Arts Center Theatre Foundation, Inc., on its behalf. Notary Public My Commission expires: Page 6 of 7 Approved as to Legal Sufficiency: Foundation Counsel Approved as to Legal Sufficiency: City Attorney's Office Page 7 of 7 Approved as to Content: Department of Museums and Cultural Arts Approved as to Risk Management: Risk Manager Operating Agreement between City of Virginia Beach ("City") and Virginia Beach Performing Arts Center Foundation, Inc. ("Foundation") SUMMARY OF TERMS Purpose: To memorialize the responsibilities and obligations of the City and the Foundation as they relate to certain operational activities of the Virginia Beach Performing Arts Center (the "Center"). Premises: The Center Term: The Agreement shall be for two years from the date of execution. The Agreement will be reviewed and revised following the expiration of the original term to reflect the evolving roles of the City and the Foundation. The Agreement may be renewed for additional two-year terms with the consent of City Council. Responsibilities of the City: . City Manager is responsible for administration of agreement. . City Manager shall select an Executive Director, upon consultation with the Foundation. . City shall employ a Campaign Coordinator to work with the Foundation to develop and coordinate all aspects of the capital campaign. The City shall also provide for the supervision of the Campaign Coordinator. . City and Foundation may engage in joint promotional activities, including marketing and the solicitation of funds through grants. . City shall make available office space to house and equip Foundation's administrative and personnel needs. . City shall provide the Foundation with a facsimile machine, computer hardware and software, copying equipment, and dedicated telephone lines to implement and facilitate the responsibilities of the Foundation. . City shall supply additional City personnel, as necessary, to provide informational support and to keep the Foundation abreast of the construction progress and programming developments related to the Center. Responsibilities of Foundation: . Foundation shall provide in-kind contributions and services to the Center and shall support the Center through advocacy and fundraising. . Foundation shall provide evidence of liability insurance coverage for the Foundation and its employees. . Foundation shall provide annually to the City an audited financial statement. . Foundation shall provide to the City an updated copy of its articles, bylaws, and list of officers and directors. - 21 - Item V-I.2. ORDINANCES/RESOLUTION ITEM # 54169 Reid Greenmun, 2621 Sandpiper, Phone: 615-4533, supported the Ordinance re annual salaries of City Council. However, Mr. Greenmun believed this small increase would not make that much difference re encouraging citizens to become candidates. Mr. Greenmun suggested this increase be utilized to add seven (7) additional Council Members (under the current pay structure), Brian Kirwin, 304 Cripple Creek Court, Phone: 463-0399, supported the Ordinance re annual salaries of City Council. However, Mr. Kirwin also did not believe this increase would encourage citizens to become candidates. Mr. Kirwin wished the increase not be in effect until the first day of a four-year term for all eleven (11) members. Upon motion by Councilman Diezel, seconded by Councilman Dyer, City Council DEFERRED until the City Council of August 2, 2005 (PUBLIC COMMENT) and August 9, 2005 (ACTION): Ordinance to SET the annual salaries of the Mayor and Councilmembers at $30,000 and $28,000, respectively, effective July 1,2006. Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 July 12, 2005 - 22- Item V-I. 3. ORDINANCES/RESOLUTION ITEM # 54170 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORlZE acquisition, by purchase for public purposes, a portion of the property for future expansion of 1-264 from WEDGEWOOD ASSOCIATES, LLC; and, A UTHORlZE the City Manager to EXECUTE all documents pertaining thereto, including an option agreement for another portion of the property re the "Flyover Area", (KEMPSVILLE - DISTRICT 2) Voting: 1 0-1 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 July 12, 2005 1 AN ORDINANCE APPROVING AND 2 AUTHORIZING FOR PUBLIC PURPOSES THE 3 ACQUISITION ! :ROM WEDGEWOOD 4 ASSOCIATES, L.L.c. OF PROPERTY LOCATED 5 IN THE KEMPSVILLE DISTRICT OF VIRGINIA 6 BEACH, VIRGINIA 7 8 WHEREAS, Wedgewood Associates, L.L.c. ("Wedgewood") is developing multi- 9 family and single-family attached dwelling units on four parcels of property (the "Property") 10 Itlcated in the Kempsville District of Virginia Beach, Virginia (the "City") containing a total of 11 dpproximately 48.8 acres; 12 WHEREAS,.pursuant to a Proffer Agreement dated March 25,2005, Wedgewood 13 agreed to reserve two portions of the Property consisting of (i) a 3.1-acre parcel for future 14 expansion of 1-264 (the "Expansion Area") and (ii) a 7.4-acre parcel for a potential future t1yover 15 (the "Flyover Area") for possible acquisition by the City upon terms and conditions set forth in a 16 Memorandum of Understanding (the "MOU") dated March 25,2005; 17 WHEREAS, in the opinion of the Council of the City of Virginia Beach, Virginia, a 18 public necessity exists for the acquisition of the Expansion Area for public purposes for the 19 preservation of the safety, health, peace, good order, comfort, convenience, and for the welfare of 2 0 t he people in the City of Virginia Beach, and the City Council desires to enter into an agreement of 21 -;;ile and other agreements necessary to acquire the Expansion Area; 22 WHEREAS, the City Council desires to enter into an option agreement granting the 23 City the right to purchase the Flyover Area at any time prior to July 31, 2008; 24 WHEREAS, funding for the purchase of the Expansion Area is included in CIP- 25 3368 (Various Site Acquisition) adopted by the City Council on May 10, 2005; and 26 WHEREAS, the City Council has determined the acquisition of the Expansion 27 A rea, and the execution of an option agreement for the Flyover Area, to be in the best interest of 28 the City and desirable and necessary to achieve the desired public use. 29 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 30 VIRGINIA BEACH, VIRGINIA, 31 1. That the City Council authorizes the acquisition, by purchase, for public 32 purposes of the 3 . I-acre portion of the Property for future expansion of 1-264 (the" Expansion 3 3 Area"). 34 2, That the City Manager or his designee is authorized to execute on behalf 3 5 of the City of Virginia Beach an Agreement of Sale for the purchase of the Expansion Area for the 36 sum of $880,323 and in accordance with the terms contained in the Summary of Terms attached 37 ! Icreto as Exhibit A 0 38 3. That the City Manager or his designee is authorized to execute all 39 documents that may be necessary and appropriate in connection with the purchase of the 40 Expansion Area so long as such documents are acceptable to the City Manager and the City 41 Attorney 0 42 4. That the City Manager or his designee is authorized to execute on hehal r 43 of the City of Virginia Beach an Option Agreement for the potential purchase of the 7 A-acre 44 portion of the Property for a potential future flyover (the "Flyover Area") for an amount to be 4 5 determined pursuant to the Option Agreement and in accordance with the terms contained in the 4 6 Summary of Terms attached hereto as Exhibit B'o 2 47 5. That the City Manager or his designee is authorized to execute all 48 documents that may be necessary and appropriate to implement the provisions of the Option 49 /\greement so long as such documents are acceptable to the City Manager and the City Attorney. 50 Adopted by the Council of the City of Virginia Beach, Virginia, on the 12th 51 day of July ,2005. 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 CA-9536 ./uly 12, 2005 APPROVED AS TO CONTENT: '\ /)(]..,. ",...." V'rr-: 1..1. c) ~ ~ Departniellt of Planning VED AS TO LEGAL SUFFICIENCY: ,... \Data\A TY\OID\REAL EST A TE\Acquisitiolls\ WORKING - DEEDS\ W edgewood\acquisitioll ()rel l!lance. elm 3 EXHIBIT A SUMMARY OF TERMS - EXPANSION AREA Purchase Price: $880,323.00 Deposit: $5,000.00 (to be applied to Purchase Price) Closing Date: On or before September 30, 2005 Due Diligence Period: 90 days after execution of agreement EXHIBIT B SUMMARY OF TERMS FL YOVER AREA Option Period: Date of execution of agreement through July 31, 2008 Option Fee: $1,000 (to be applied to Purchase Price) Purchase Price: Fair market value at time of exercise of Option, based upon prior A-12 zoning .~ determined by appraisal method Notice of Exercise: 120 days prior to proposed closing date Deposit: $10,000 to be given at time of Notice of Exercise (to be applied to Purchase Price) Closing Date: No later than July 31, 2008 Use of Proper tv: City may only use for purposes of constructing a flyover to 1-264 or other public road system improvements. First Right to Purchase: If any of the Property is declared excess by City, City shall grant Wedgewood the first right to purchase all or any of such excess property. - 23- Item V-L4. ORDINANCES/RESOLUTION ITEM # 54171 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE $147,996 from the Us. Department of Justice's COPS 2005 Technology grant to the Police re a modern Oceanfront camera system, Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M. Dyer, 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 July 12, 2005 1 2 3 4 5 6 AN ORDINANCE TO ACCEPT AND APPROPRITATE $147,996 FROM THE U. S. DEPARTMENT OF JUSTICE'S COPS 2005 TECHNOLOGY GRANT TO THE POLICE DEPARTMENT'S FY 2005-06 OPERATING BUDGET TO PURCHASE AND INSTALL A MODERN OCEANFRONT CAMERA SYSTEM 7 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That $147,996 is hereby accepted from the U. S. Department of 10 Justice's COPS 2005 Technology Grant and appropriated to the Police 11 Department's FY 2005-06 Operating Budget for the purchase and 12 installation of a modern Oceanfront camera system, with federal 13 revenue increased accordingly. 14 15 Adopted by the Virginia, on the 12th Council of the day of July City of , 2005. Virginia Beach, Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY (;}~/1.~ City Attorney's Office CA9664 PA/GG/ORDRES/COPS 2005 Tech Grant.ORD R-2 June 30, 2005 u.s. Department of Justice Office of Community Oriented Policing Services Office of the Director 1100 Vermont A venue, NW Washington, DC 20530 Chief Alfred Jacocks, Jr. Virginia Beach, City of Municipal Center, Building 11 2401 Court House Drive Virginia Beach, VA 23456 ~~'~ -~r, '~ ~ \ \'.'. r::::::- 'r-:! (;;'\ !2 . \ ~ ' , 'r:\'.. ~ \ill \.;:t L. '\1 I:!. .~ . ,'n I'" 11 __:::...---!. n r:, Q=",.';:~'~' 1.._..,1... \..d.....' U . J\JN L 0 2005, ,nJ L .....=.",",",:.,',., -"";:':i;...~ _.........~". "'. - ",-' -;:." .'; ,-.t:;: L)o-t" I. t~~9it0J.:'~tl~:i__--, Re: Technology Grant #: 2005CKWX0313 Dear Chief Jacocks, Jr.: On behalf of Attorney General Alberto R. Gonzales, it is my pleasure to congratulate you on receiving a COPS 2005 Technology grant. Enclosed is your agency's award document with a list of special conditions (on the reverse side) that apply to your grant. The award amount is $147996. You will also find enclosed an ACH -Vendor form, a Civil Rights Seven-Step Guide, a Helpful Hints Guide for submitting your Financial Status Reports (SF-269A), and a Fact Sheet regarding on-line filing of your quarterly SF-269As. Please read and familiarize yourself with the grant award conditions prior to signing the award document. To accept your grant, the law enforcement and government executives listed on the document must sign the enclosed original grant award and return it to the COPS Office within 90 days. Failure to submit the signed award document in this 90-day period may result in withdrawal of the grant without further notice from the COPS Office. Your grant award period officially began on December 8, 2004 and runs through December 7, 2007. Please note that all grant terms and special conditions will need to be met prior to the reimbursement of funds for expenses incurred on or after December 8, 2004. Should you have any questions regarding the award process, please contact your Technology Coordinator assigned to this project at 1-800-421-6770. Congratulations again on your award. On behalf of the COPS Office, we look forward to working with you on this technology project. Sincerely, ~\(~ Carl R. Peed Director - 24- Item V-L5. ORDINANCES/RESOLUTION ITEM # 54172 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council DEFERRED until the City Council Session of August 2, 2005: Resolution to ASSIGN the Virginia Beach Mariner's rights and obligations under a Joint Use Agreement for the Sportsplex to Virginia Beach Soccer, LLC. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, 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 July 12, 2005 - 25 - Item V-L6. ORDINANCES/RESOLUTION ITEM # 54173 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to execute a lease for a City- owned parcel at Rudeelnletfora term not to exceedfive (5) years with the u.s. Coast Guard re Rudee Navigation Aids, Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 July 12, 2005 1 AN ORDINANCE APPROVING THE LEASE 2 OF AN APPROXIMATELY 6' X 6' PARCEL OF 3 CITY LAND LOCATED TWENTY-FIVE FEET 4 (25') FROM THE END OF THE 5 BREAKWATER ON THE NORTH SIDE OF 6 RUDEE INLET, VIRGINIA BEACH, VIRGINIA 7 8 9 WHEREAS, the City of Virginia Beach, Virginia (the "City") is the owner of lOan approximately 6' x 6' parcel of land located twenty-five feet (25') from the end of 11 the breakwater on the north side of Rudee Inlet in the City of Virginia Beach (the 12 "Premises"); 13 WHEREAS, the United States of America (Coast Guard) would like to 14 enter into a formal lease arrangement with the City for the purpose of installing and 15 maintaining a light tower and associated navigational aids on the Rudee Inlet North 16 Jetty; 17 WHEREAS, the Premises will be utilized for navigational aid purposes 18 and for no other uses; and 19 WHEREAS, City staff has determined that the granting of this lease will 20 provide a benefit to the City through the provision of navigational aids while the 21 lease is in effect. 22 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE 23 CITY OF VIRGINIA BEACH, VIRGINIA: 24 25 That the City Manager is hereby authorized to execute a lease for a term 26 not in excess of five (5) years between the United States of America and the City, for an 27 approximately 6' x 6' parcel of land located twenty-five feet (25') from the end of the 28 breakwater on the north side of Rudee Inlet in the City of Virginia Beach in accordance 29 with the Summary of Terms attached hereto and such other terms, conditions or 30 modifications as may be satisfactory to the City Attorney and the City Manager. 31 Adopted by the Council of the City of Virginia Beach, Virginia on the 32 12th day of .T111 y ,2005. 33 34 35 36 37 38 39 Department 40 o CONTENTS: H:\OlD\REAL ESTATEILEASES\Coast Guard- Rudee Inlet Light Tower\Ordinance.Summaryofferms.doc SUMMARY OF TERMS LEASE FOR THE USE OF 6' X 6' OF CITY PROPERTY FOR NAVIGATIONAL AID PURPOSES LESSOR: City of Virginia Beach LESSEE: United States of America (Coast Guard) PREMISES: Thirty-six square feet (6' x 6') of land owned by the City located twenty-five (25') from the end of the breakwater on the North side of Rudee Inlet, Virginia Beach, Virginia. TERM: May 1, 2005 through September 30, 2005 with the Option to renew each year for one additional year through September 30, 2009. RENT: Rent shall be One Dollar ($1.00) per annum. RIGHTS AND RESPONSIBILITIES OF LESSEE: . May use the Premises for navigational aid operations and no other purpose. Any unauthorized use of the Property shall constitute a breach of the lease and cause its immediate termination. . To the extent permitted by law, assumes the entire responsibility and liability for any and all damages to persons or property caused by any act or omission of the Lessee or its officers, invitees, employees and agents associated with the use of the Premises. RIGHTS AND RESPONSIBILITIES OF THE CITY: · Assumes responsibility for the maintenance of the Premises and the means of ingress and egress during the lease term. . Shall notify the Lessee prior to the placement of any item onto the structure which holds the navigational aids and associated equipment. TERMINATION: The Lessee may terminate this lease upon giving the City thirty (30) days written notice. 11.'OID\REAL ESTA1-E\LEASES\Coast Guard- Rudee Inlet Light Tower\Ordinance.Sumnl;lryofTer111S,dLH': STANDARD FORM 2 FEBRUARY 1965 EDITION GENER!\L SERVICES ADMINI"TRATION FPR (41 (FR) 1-ICl()()1 u.s. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE I LEASE No. THIS LEASE, made and entered into this date by and between CITY OF VIRGINIA BEACH whose address is 2405 COURTHOUSE DRIVE VIRGINIA BEACH, VA 23456-9031 and whose interest in the property hereinafter described is that of Owner hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter called the Government: WITNESSETH: The parties hereto for the consideration hereinafter mentioned, covenant and agree as follows: 1. The Lessor hereby leases to the Government the following described premises: 6' x 6' parcel of land located 25' from the end of the breakwater located on the North side of Rudee Inlet, Virginia Beach, Virginia to be used for: Government Purposes 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on May 1, 2005 thmuCJll September 30,2005, with the option to renew each year for one additional year through September 30, 2009, subject to termination and renewal rights as may be hereinafter set forth. 3, The Government shall pay the Lessor annual rent of $1, in arrears. Rent for a lesser period shall be prorated. r~ent checks shall be made payable to: City of Virginia Beach 2405 Courthouse Drive Virginia Beach, VA 23456-9031 4, The Government may terminate this lease, at any time by giving at least 30 days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing with the day after the date of mailing. 5. This lease may be renewed at the option of the Government, for the following terms and at the following rentals: a. Subject to availability of funds, this lease may, at the option of the Government, be renewed through 30 September 2009, at the mutually agreed rental consideration of $1 per annum, in arrears. 6. The following are attached and made a part thereof: Continuation Sheet 7a, - 7m. General Clauses Municipal Certificate 7. The following changes were made in this lease prior to its execution: IN WITi-.JESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: CITY OF VIRGINIA BEACH BY (Signature) (Signature) IN PRESENCE OF: (Signature) (Address) UNITED STATES OF AMERICA DEPARTMENT OF HOMELAND SECURITY/US COAST GUARD BY (Signature) (Date) (Officia/ title) I STANDARD FORM 2 FEBRUARY 1965 EDITION CONTINUATION SHEET: LESSOR: CITY OF VIRGINIA BEACH LEASE No. 7a. Availability of Funds. Unless otherwise notified, funds will become available on the effective date of this lease and all renewal dates. The Government's obligation hereunder is contingent upon the availability of appropriated funds from which payment for the contract purposes can be made. No legal liability on the part of the Government for payment of any money shall arise unless funds are made available to the Contracting Officer for the procurement. You will be notified immediately if funds do not become available. lb. Administration. All administration of the subject lease will be carried out by the Government at the uffice listed below. If any changes relating to the sale of the property, or name and address of the lessor are made, the Government shall be notified immediately in writing by the lessor. Commanding Officer U. S. Coast Guard (pi) Civil Engineering Unit Cleveland 1240 E. 9th Street Cleveland, Ohio 44199-2060 7c. Authority. The undersigned employee of the Government hereby attests that said employee has the authority to enter into this Lease upon behalf of the United States Government, acting by and through the United States Coast Guard. 7d. Government's Liability. The Government in the manner and to the extent provided by the Federal lort Claims Act, as amended shall be liable for claims for damages or cost and expenses, including but not limited to fire damage, loss of property, personal injury or death caused by the acts or omissions of the Government, its officers, invitees, employees and agents in the use of the property. 7e. Improvements. Title to all property, which the Government may place upon or attach to the Leased premises, shall be and will remain the property of the Government, and the property of the Government may be removed or otherwise disposed of by the Government in accordance with applicable law. n. Interference. Lessor shall notify this office, per paragraph 7c., prior to placement of any item onto the structure which hold the aids to navigation and associated equipment. Nothing shall be placed on the structure that would interfere with the operation of the aids to navigation and associated equipment or impair access, 7g. Inqress and Eqress. The Government shall have the right of ingress and egress at all times for authorized U. S. Coast Guard personnel or its agents. 711. Local Government Point of Contact. Officer in Charge, Coast Guard Aid to Navigation Team Hampton Roads (757) 483-8520 7i. Modifications. No modifications of this agreement shall be made except in writing signed by all of the parties hereto 7j Ownership. The Lessor affirms and warrants that the Lessor owns/possesses the property and such lease is and will be effective for all heirs, assignors, executors, administrators and successors and to the Lessor for the described property. 7k. Repair and Maintenance. The Lessor shall be responsible for repair and maintenance of the leased property and the route of ingress and egress during the period of this agreement. 71. Payments. Payments shall be made by the Coast Guard Finance Center. Commanding Officer (0240) U. S. Coast Guard Finance Center 1430A Kristina Way Chesapeake, VA 23326-0240 Phone: (757) 523-6940/(800)564-5504 7m. Assiqnment. This agreement may not be assigned by the Government. GENERAL CLAUSES (Simplified Leases) (Acquisition of Leasehold Interests in Real Property for Leases Up to $100,000 Net Annual Rent) ... f For the applicable clauses "jetty" is substituted in place of "building" and "Lessor" i~. . substituted in place of "Contractor". ,,' ~ -( - ~. .f . .. I. The Government reserves the right, at any time after the lease is signed and during the tenn of the lease, to inspect the leased premises and all other areas of the building to which access is ~ssmy to ensure a safe and healthy work environment for the Government tenants and the .Lessor's performance under this lease. ' 2. If the building is partially or totally destroyed or damaged by fire or other casualty so ~t the leased space is untenantable as determined by the Government, the Government may termina'te the lease .d. upon 15 calendar days written notice to the Lessor and no further rental will be due. 3. The Lessor shall maintain the demised premises, including the building, building systems, and all equipment, fixtures, and appurtenances furnished by the Lessor under this lease, in good repair and tenantable condition. Upon request of the Contracting Officer, the Lessor shall provide ynitten documentation that building systems have been maintained, tested, and are operational. 4. In the event the Lessor fails to perform any service, to provide any item, or meet any requirement of this lease, the Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. The Government may deduct any cost incurred for the service or item, including administrative costs, from the rental payments. 5. 52.252-2 CLAUSES INCORPORATED BY REFERENCE (VARIATION) (DEC 2003) This contract incorporates one or more clauses by reference, with the same force and effect as if they were given in full text Upon request, the Contracting Officer will make the full text available, or the full text may be found as GSA Form 3517C at http://www.gsa.govlleasingfonn. 6. The following clauses are incorporating by reference: COVENANT AGAINST CONTINGENT FEES (FEB 1990) (Applicable to leases over $100,000.) PRICE ADJUSTMENT FOR ILLEGAL OR IMPROPER pplicable to leases over $100,000.) F AlN.2.2p9-6 ',.: " ., ST WHEN RS DEBARRED, SUSPENDED, L 1995) FAR 52.219-9 FAR 52,219-16 LIQUIDA DAMAGES - SUBCONTRA Ie to leases over $500,000,) REPARATION, SUBMISSION, AND NEGOTIATION OF SUBCONTRACTING PLANS (SEP 1999) (Applicable to leases over $500,000 if solicitation requires submission 0 subcontracting plan with initial offers.) INITIALS: LESSOR & GOVERNMENT GSA FORM 3517A PAGE 1 (REV 7/04) GOALS FOR SUBCONTRACTING PLAN (SEP 1999) (Applicable to leases over $500,000 if solicitation does not require submissio the subcontracting plan with initial offers.) EQUAL OPPORTUNITY (APR 2002) (Applicable to leases over $10,000.) FAR 52.222-21 PROHIBITION OF SEGREGATED FACILITIES CF: plicable to leases over $10,000.) ./ FAR 52.222-35 ISABLED VETERANS, v1;TERANS ELIGIBLE VETERANS (I?$C 2001) FAR 52.222-36 FAR 52.222-37 ASSIGNMENT OF CLAIMS (IAN 19 (Applicable to leases over $2,500.) GSAR 552.232-75 PROMPT PAYMENT (SEP 1999) GSAR 522.232-76 ELECTRONIC FUNDS TRANSFER PAYMENT (MAR 2000) FAR 52.233-1 DISPUTES (JULY 2002) PRlCE REDUCTION FOR DEFECTIVE COST OR PRlCING DA T ) licable when cost or pricing data are re r services over $500, . 5-12 SUBCONTRACTOR COST OR PR TA (OCT 1997) (Applicable when the clause at FAR 52.215-10 is app The information collection requirements contained in this solicitation/contract, that are not' required by regulation, have been approved by the Office of Management and Budget pursuant to the Paperwork Reduction act and assigned the OMB Control No, 3090-0163. lNIT1ALS: LESSOR & GOVERNMENT GSA FORM 3517A PAGE 1 (REV 7/04) ... f ~ - " J. MUNICIPAL CERTIFICATION I, , certify that I am the of the Municipality named in the attached lease; that who signed said lease on behalf of the Municipality was then of said Municipality; that said lease was duly signed for and in behalf of said Municipality by authority of its governing body, and is within the scope of its Municipal powers. MUNICIPAL SEAL - 26- Item V-L 7. ORDINANCES/RESOLUTION ITEM # 54174 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, AS REVISED*: Ordinance to ACCEPT and APPROPRIATE $107,781 in state funding, CREATE four (4) additional positions and TRANSFER the Pretrial and Community Corrections program budgets to the Human Services operating budget, Addition of lines 43-45. "That, as with all grant positions, these newly created positions shall be eliminated if State revenue for the positions is eliminated. " Voting: 10-1 (By Consent) Council Members Voting Aye: Harry E, Diezel, Robert M. Dyer, 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 July 12, 2005 . c 1 2 3 4 5 6 7 8 9 10 11 12 ALTERNATE VERSION AN ORDINANCE TO ACCEPT AND APPROPRIATE $107,781 IN STATE FUNDING, CREATE FOUR ADDITIONAL POSITIONS, AND TRANSFER THE PRETRIAL AND COMMUNITY CORRECTIONS PROGRAM BUDGETS TO THE HUMAN SERVICES OPERATING BUDGET WHEREAS, the State of Virginia Department of Criminal 13 Justice Services has awarded additional funding for the Pretrial 14 and Community Corrections programs; 15 WHEREAS, the City Manager has decided to relocate the 16 organizational placement of the Community Corrections and 17 Pretrial programs to the Department of Human Services and; 18 WHEREAS, the combination of the Pretrial and Community 19 Corrections programs will require additional administrative 20 assistance. 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 That the Fiscal Year 2005-2006 Operating Budget is hereby 24 amended as follows with an effective date of July 1, 2005 unless 25 otherwise noted: 26 a. That $55,258 is transferred from the Reserve for 27 Contingencies to the Human Services Operating Budget 28 and two full time positions are authorized in the 29 Department of Human Services, one position lasting , .. 30 for only one year to assist with the transition of 31 Community Corrections and Pretrial. 32 b. That $568,228 is hereby transferred from the 33 Community Corrections Budget to the Human Services 34 Operating Budget, and $59,586 is hereby accepted 35 from the Commonwealth of Virginia and appropriated 36 to the Human Services Operating Budget for one full 37 time position and related costs. 38 c. That $230,638 is hereby transferred from the budget 39 of the Sheriff's Department to the Human Services 40 Operating Budget effective on October I, 2005 and 41 $48,195 is hereby accepted and appropriated for one 42 full time position and related costs. 43 That, as with all grant positions, these newly created 44 positions shall be eliminated if State revenue for the positions 45 is eliminated. 46 Adopted by the Council of the City of Virginia Beach, 47 Virginia on the , 2005. 1 ?th day of .1ll1 y Approved as to Content Approved as to Legal ~;;;;;C/11 ~J City Attorney's Office ~-- CA9663 PA/GG/ORDRES/Community Corrections and Pretrial positions.ORD R-3 July 6, 2005 Item V-J. PLANNING 1. 7-ELEVEN, INC. 2.WAWA,INC. 3. AZALEA GARDEN CHURCH OF GOD 4. BILLY W. CHAPLAIN 5. ROBIN G. and G. DAVID WALTRIP and JOHN WARD, JR. -27- ITEM # 54175 CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT MODIFICATION OF A CONDITIONAL USE PERMIT STREET CLOSURE STREET CLOSURE (Approved: July 13,2004 Request Extension of Time) July 12, 2005 - 28- Item V-J. PLANNING ITEM # 54176 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council APPROVED IN ONE MOTION Items 1, 2, 3, 4 and ADD-ON 5 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 July 12, 2005 - 29- Item V-J.1. PLANNING ITEM # 54177 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of 7-ELEVEN, INC. for a Conditional Use Permit: ORDINANCE UPON APPLICATION OF 7-ELEVEN, INC. FOR A CONDITIONAL USE PERMIT FOR FUEL SALES IN CONJUNCTION WITH A CONVENIENCE STORE R070531259 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of7-Eleven, Inc.for a Conditional Use Permit for fuel sales in conjunction with a convenience store on property located at 4554 Wishart Road (GPIN 14784790900000), DISTRICT 4 -BAYSIDE The following conditions shall be required: 1, The site shall be developed in substantial conformance with the submitted site plan entitled, ''7-Eleven Corporation Convenience Store with Gas, preliminary site plan, Intersection of Independence Blvd and Wishart Road, Virginia Beach, Virginia," dated May 18, 2005, prepared by Blakeway Corp. Said plan is onfile in the City of Virginia Beach Planning Department 2. All of the building's facades and the canopy shall be constructed in substantial conformance with the elevations entitled, ''7-Eleven Convenience Store with Gas, Rendering 7-Eleven prepared by URS. The building shall be constructed of predominately reddish brown brick and the canopy columns shall be wrapped in reddish brown brick, both as depicted on the elevation. Said elevation is onfile in the Planning Department, 3. Any dumpster and/or air and vacuum areas shall be enclosed with a sold brick wall to match the building and landscaped in accordance with 9245(e) of the Zoning Ordinance 4. Sign age for the site shall be limited to: a. traffic control signs b. one monument style freestanding sign, no more than eight (8) foot in height, set on a brick base to match the building brick c. signs and striping on the canopy, as depicted on the submitted elevation d. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted. There shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and/or doors, canopy, light poles or any other portion of the site July 12,2005 - 30- Item V-J.1. PLANNING ITEM # 54177 (Continued) 5. No outdoor vending machines and/or display of merchandise shall be allowed 6. Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of way in accordance with 9246(d) of the zoning ordinance. 7. Bicycle racks shall be provided near the entrance to the store 8. The canopy lighting shall be low level and recessed, if possible. If a recessed fixture is not possible, a flat lens shall be used. The lighting level shall not exceed fifty (50) footcandles under the canopy. Verification, by a pre-approved third party source, such as an electrical engineer, of the lumens level shall be submitted to the current Planning Division of the Planning Department before the issuance of the Certificate of Occupancy This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of July, Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 July 12, 2005 - 31 - Item V-J.2. PLANNING ITEM # 54178 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of W A W A, INC. for a Conditional Use Permit for gasoline sales: ORDINANCE UPON APPLICATION OF WA WA, INC. FORA CONDITIONAL USE PERMIT FOR GASOLINE SALES IN CONJUNCTION WITH A CONVENIENCE STORE R070531260 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Wawa, Inc. for a Conditional Use Permit for gasoline sales in conjunction with a convenience store on property located at the southwest intersection of Diamond Springs Road and Northampton Boulevard (GPINs 14691054020000; 14691061520000 part oj; 14691031300000 - part of; 14691041630000 - part oj; 14691041670000- part oj). DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The site shall be developed in substantial conformance with the submitted conceptual site layout and landscape plan titled "Wa Wa Food Mart, Northampton Boulevard and Diamond Springs Road, Virginia Beach, VA ", dated 3/31/05, and prepared by MSA, P. C. Said plan has been exhibited to the City Council and is on file in the Planning Department. 2. The building and canopy shall be constructed in substantial conformance with the submitted elevations titled "WaWa Food Mar, Northampton Boulevard and Diamond Springs Road, Virginia Beach, VA', dated 4/4/04, and prepared by Lynch Martinez Architects, LLC. Said plans have been exhibited to the City Council and are on file in the Planning Department. 3. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detail site plan review. Said plan shall include the location of all pole mounted and building mounted lightingfixtures, and the listing of lamp type wattage, and type of fixture. Lighting shall overlap and be uniform throughout the parking area. All lighting on the site shall be consistent with those standard recommended by the Illumination Engineering Society of North America. July 12, 2005 - 32- Item V-J.2. PLANNING ITEM # 54178 (Continued) 4. Freestanding and building mounted signs on the site shall be installed as depicted on the plan entitled, "Proposed Wawa Food Market, Diamond Springs, Signage Plan, " dated 6/6/05 Prepared by Wawa Inc, Engineering Dept. However, these signs must meet all requirements of s905(b) of the City Zoning Ordinance. In addition, the freestanding sign shall not exceed eight (8) feet in height. No signage in excess of a total of four (4) square feet of the entire glass area of the exterior wall shall be permitted on the window area. With the exception of traffic control signs and those allowed by this condition, there shall be no other signs, neon signs or neon accents installed on any wall area of the exterior of the building, windows and/or doors, canopy, canopy supports, light poles or any other portion of the site. 5, The dumpster areas shall be enclosed with a solid brick wall to match the building and landscaped in accordance with s245(e) of the zoning ordinance. 6. No outdoor vending machines and/or display of merchandise shall be allowed. 7, Pedestrian walkway(s) to the convenience store shall be provided from any required sidewalks in the public rights-of way in accordance with S246(d) of the Zoning Ordinance. 8. Bicycle rack shall be provided near the entrance of the store. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Twelfth of July, Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 July 12, 2005 - 33- Item V-J.3. PLANNING ITEM # 54179 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council MODIFIED an Ordinance upon application of AZALEA GARDEN CHURCH of God re a Conditional Use Permit (approved by City Council on August 25, 1998): ORDINANCE UPON APPLICATION OF AZALEA GARDEN CHURCH OF GOD FOR A MODIFICATION OF A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON AUGUST 25, 1998 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon Application of Azalea Garden Church of God for a Modification of a Conditional Use Permit approved by City Council on August 25, 1998, This request reduces the size of the Family Life Center and provides for the addition of a food bank building. The property is located at 1541 Centerville Turnpike (GPIN 14557510480000). DISTRICT 1-CENTERVILLE The following conditions shall be required: 1. Condition Number 1 of the August 25, 1998, Conditional Use Permit is deleted and replaced with the following: The site shall be developed in accordance with the plan entitled, "Preliminary Site Plan Church Facility for Azalea Garden Church of God" dated March 31, 2005, and prepared by Verebely & Associates, Architects, Adjustments may be made during detailed site plan review to accommodate a buffer along the southern property line. 2, Condition 2 attached to the Conditional Use Permit granted by the City Council on August 25, 1998, remains in affect. Condition 2 states: The church building must adhere to the rendering on file in the Planning Department. The roof will consist of a decorative metal in a dark bronze. The walls will be constructed of a colonial brick. 3, Condition Number 3 of the August 25, 1998, Conditional Use Permit is deleted and replaced with the following: A left turn lane, a minimum of 150 feet in length with a 150 foot transition, is required. 4. The Food Bank building shall be developed in accordance with the plan entitled, "Elevation Family Center Building Azalea Garden Church of God" dated October 2, 1998, and prepared by Verebely & Associates, Architects. July 12, 2005 - 34- Item V-J.3. PLANNING ITEM # 54179 (Continued) 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 Twelfth of July, Two Thousand Five Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 July 12, 2005 - 35 - Item V-J.4. PLANNING ITEM # 54180 Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED an Ordinance upon application of BILLY W. CHAPLAIN for the discontinuance, closure and abandonment of a portion of Rudee Avenue at 13th Street: Ordinance upon Application of Billy W. Chaplain for the discontinuance, closure and abandonment 0 a portion of Rudee Avenue beginning on the north side of 13th Street and running a distance of 189.44 feet in a northwesterly direction to its terminus. DISTRICT 6 - BEACH The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee, 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, " 2. The applicant shall resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels as shown on plans entitled "Exhibit Plan of Property Lines to be Vacated of Lots 1-10 and 32-36, Block 116 and a Portion ofRudeeAvenue, Plat of Lakewood Plat Recorded in M.E. 7, P. 100, in the Clerk's Office of the Circuit Court, Virginia Beach, VA for Billy Chaplain ", prepared by WPL, dated May 1,2005 and "Street Closure Exhibit ",prepared by WPL, dated April 29, 2005. Said plans have been exhibited to the City Council and are on file at the Planning Department. The plat must be submitted and approved for recordation prior to final street closure approval. 3, The applicant shall verifY that no private utilities exist within the right- of- way proposed for closure, Preliminary comments from the utility companies indicate that there are no private utilities within the right- of- way proposed for closure, If private utilities do exist, easements satisfactory to the utility company must be provided. 4. The combined property shall be developed in accordance with the submitted plan entitled: "Improvements and Parking Exhibit:, prepared by WPL dated April 29, 2005. Said plan has been exhibited to the City Council and is on file in the Planning Department. 5. Closure of the right-of-way shall be contingent upon compliance with the above stated conditions within 365 days of approval (July 11, 2006) 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. July 12, 2005 - 36- Item V-J.4. PLANNING ITEM # 54180 Voting: 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M, Dyer, 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 July 12, 2005 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 RUDEE AVENUE (60' R/W) 10 (FORMERLY COURTRIGHT AVENUE) (M.B. 7, PG. 11 100) AS SHOWN ON THAT CERTAIN PLAT 12 ENTITLED "PLAT SHOWING PORTION OF RUDEE 13 AVENUE TO BE CLOSED BY THE VIRGINIA BEACH 14 CITY COUNCIL FOR BILLY W. CHAPLAIN": 15 16 WHEREAS, BILLY W. CHAPLAIN applied to the Council of the City of 17 Virginia Beach, Virginia, to have the hereinafter described street discontinued, closed, and 18 vacated; and 19 WHEREAS, it is the judgment of the Council that said street be discontinued, 20 closed, and vacated, subject to certain conditions having been met on or before one (1) year from 21 City Council's adoption of this Ordinance; 22 23 NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Virginia 24 Beach, Virginia: 25 26 SECTION I 27 28 That the hereinafter described street be discontinued, closed and vacated, subject 29 to certain conditions being met on or before one (1) year from City Council's adoption of this 30 ordinance: 31 GPIN: 2417-85-6068 32 1 32 33 All that certain piece or parcel of land situate, lying and being in 34 the City of Virginia Beach, Virginia, designated and described as 35 "40' PORTION OF RUDEE A VENUE (UNIMPROVED) TO BE 36 CLOSED BY THE VIRGINIA BEACH CITY COUNCIL 6,634 37 SQ. FT. OR 0.152 AC." shown as the cross-hatched area on that 38 certain plat entitled: "PLAT SHOWING PORTION OF RUDEE 39 AVENUE TO BE CLOSED BY THE VIRGINIA BEACH CITY 40 COUNCIL" Scale: 1"= 50', dated April 29, 2005, prepared by 41 WPL, a copy of which is attached hereto as Exhibit "A". 42 43 44 SECTION II 45 46 The following conditions must be met on or before one (1) year from City 47 Council's adoption of this ordinance: 48 1. The City Attorney's Office will make the final determination regarding 49 ownership of the underlying fee. The purchase price to be paid to the City shall be determined 50 according to the "Policy Regarding Purchase of City's Interest in Streets Pursuant to Street 51 Closures," approved by City Council. Copies of said policy are available in the Planning 52 Department. 53 2. The applicant shall resubdivide the property and vacate internal lot lines to 54 incorporate the closed area into the adjoining parcels as shown on plans entitled "EXHIBIT 55 PLAN OF PROPERTY LINES TO BE VACATED OF LOTS 1-10 AND 32-36, BLOCK 116 56 AND A PORTION OF RUDEE AVENUE, PLAT OF LAKEWOOD PLAT RECORDED IN 57 M.B.7, P. 100, IN THE CLERK'S OFFICE OF THE CIRCUIT COURT, VIRGINIA BEACH, 58 VA VIRGINIA BEACH, VIRGINIA FOR BILLY CHAPLAIN", prepared by WPL, dated May 59 1, 2005 and "STREET CLOSURE EXHIBIT", prepared by WPL, dated April 29, 2005. Said 60 plans are attached hereto as Exhibit "B" and "A", respectively and are on file at the City of 2 61 Virginia Beach. The plat must be submitted and approved for recordation prior to final street 62 closure approval. 63 3. The applicant shall verify that no private utilities exist within the right-of- 64 way proposed for closure. Preliminary comments from the utility companies indicate that there 65 are no private utilities within the right-of-way proposed for closure. If private utilities do exist, 66 the applicant shall provide easements satisfactory to the utility companies. 67 4. The combined property shall be developed in accordance with the 68 submitted plan entitled "Improvements and Parking Exhibit", prepared by WPL, dated April 29, 69 2005. Said plan is attached hereto as Exhibit "C" and is on file in the City of Virginia Beach. 70 5. Closure of the right-of-way shall be contingent upon compliance with the 71 above stated conditions within one year of approval by City Council. If all conditions noted 72 above are not in compliance and the final plat is not approved within one year of the City 73 Council vote to close the street, this approval will be considered null and void. 74 75 SECTION III 76 77 1. If the preceding conditions are not fulfilled on or before July 11, 2006, this 78 Ordinance will be deemed null and void without further action by the City Council. 79 2. If all conditions are met on or before July 11, 2006, the date of final 80 closure is the date the street closure ordinance is recorded by the City Attorney. 81 3. In the event the City of Virginia Beach has any interest in the underlying 82 fee, the City Manager or his designee is authorized to execute whatever documents, if any, that 83 may be requested to convey such interest, provided said documents are approved by the City 84 Attorney's Office. 85 3 85 SECTION IV 86 A certified copy of this Ordinance shall be filed in the Clerk's Office of the 87 Circuit Court of the City of Virginia Beach, Virginia, and indexed in the name of the CITY OF 88 VIRGINIA BEACH as "Grantor" and BILLY W. CHAPLAIN as "Grantee." 89 Adopted by the Council of the City of Virginia Beach, Virginia, on this 12th day 90 of July ,2005. 91 92 93 94 CA-9459 95 DateJuly 1,2005 96 H:IOIDlREAL ESTATEIS!ree! ClosureIChaplain.CA9459.0RD.doc 97 98 99 100 101 102 103 104 105 106 107 108 109 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL S~\uQ . City Attorney 4 Exhibit A " ....Ul 0 -n Q. Ul "0 "Ii ""~ <-10-0 . 0 :::J" ~. ,.,..,-,.('") C;. 01" (~1 0 ~o 0 0-. m Cl) !!::>::> ::> S. ~~~;::::r-... -O."r- ~ Q' ,> ~ o.Q,~- "'~t:tJ,a :0 )> V>Ul 0 ~g:g(/)~ ~~_ :--i G)m:O-l .... :l ::::.,,~~Vj<: OOe. I "-' ~ '0 g ~~. 8 -fo "" '" ~<O:1:6~ I 2i.0)0)~:;:' zmcCf) ex> S, :x>CD'< <tl ~~2i~(.. >OC:I: :IJ !. en :l> I 1) ~n~Q(j) m..5 ~ ;0 I\) :r Ul 6,~~~0) mo m_ ~ 0 ...-. c:,"'''':>' mlm:: 0004= 3' F I[ 0) ~~ .a:. ~ mO)>- ~ N "-' I 0 0. ..... >Ul ..... 0 I\) ~ ~()1 f;~<t5 r- ~ 0 00 ~ 'O~ 0 ..0 lJ1 Ui~ "'0 ~ ~ CD ~(",.I J:C~-O 00 ;:; !tl~ :IJ >ci ",,\::) ~ n- O ~ <::l:;;; c: "0 1) 00 :<:~ClJCl OtDCO :IJ ""\ ""\ 3~ "'0 ",. '" a m 5' .9. m ....t:tJ"'\::).... --<m~ () 3 :IJ ::::." 'i? ::t as. e -6" -I _ m iil 0 0004 ~2i~~I'''i -<-I 0 X ::> -< v,~0S?- J: Z :I: Ic:,-?: 0 "'-2 ~ '0 Om iii ::E: :E c:, C) 0 :::j fTl Rl -;:<::l ;0 :l> Z '-.:. 'll c \J C) m Z :IJ 0 Z -=-- !kln F '"" >ci ""~<:~ :--;;; t:::lr"'-'Sh: 0 ~~~'i:~:<:t: :IJ ~~:"i::\:)~:" 3: --l:It.~ :h: - (9 > ~.-~<:)::;;'0f.!.-s. Q,1l~<)<:~:>."i 0004 "'<:)<:);t::;;\::)~ <5 1...."'A;:::ln ~~~ 9l-;:"''IJ....::jCj z ~ ~~~>;( M.e 7 Pc - ~ <:ln~ ' . JOO) ~ ~ :--<~~ ~",f::: c:, . c:,,~'" t:tJc:, c:::'" ,"~~~81<: G ~"'C)"i:>.~ . ~ ~:>.O) C;"''IJ~~ -2~~~ln ':::~"i '" ~ :::-1-=,,- ~<::::-r:.. ~~ ;s;~ . ~2i~~ 0) ~ a ::tJ c.. S>: ~ ::::! -r:.. 8 a lr) ~ '=- <: ~~:::-1a ....., 5") c:::i "1 :--i ::t ~ ::tJ a5")"l~ ~~~~~ , 'a ....(')S/l A ~g8i~ A~ <: ~~~~ ~ ~ . :;! !lJ " (;) 'ft ~ a.. VJ 'tJ ~ :--I 0~;Jj ~ m 'i ~ ~ LOT-4 /:'\ /r~~ ~ // V.,}.O /", .~ ~ \\\ / ~,,:,\ /'~ tf-.. U\"" ,/' \,,}.O/,,' - ~.~ ~ ~ ' ~ /:'\ ~ .~ ~ \\\ /' }.O ,'~ 3I-o..J... , ,/ /' ~ ~ , 0' / .'(\1. ~ U\ /" 0" '~...1 -<;) 'i:. ~ / O~/ ~ . \ >q O~ 'L\~\r D~ ~. '" l\>q 'l~~),6 ),~~ , /' , , , , ,.,.., ?< Ui Ui s::: ,.,.., ::z: ?< -0 :r> < ,.,.., s::: /' ,.,.., z -< r-;: S 13'50'4!" E Q 140,00' ~ (1) (0 I-.. ~ C3' l.4J<l:::l ~~ ... \-.:~~ l..J -r-..: CI) ~ Q;j Sj/ ~ ~ m Cl::i "') "'- o ~- If TO CD BE VACATED . - (TYPICAL) CD . -~- 0\ ~ ~- <: o o CD CD @ /@ /@) h ~<;;\ /' (1) / ";:. 1S\c.. / ~--v % f8\ ~ ~"'~L.~ ~ ~~ \\\\)1/ ~ ~O~"O CD / ~...~~ ~"t- . ~ CS\ ; 0/ . ~ v.~ ~ r6' / , \3''' W / ~ CS\ "'k / / ,~ ~ G) :/0 /' ,,/ ,,/ / / ./ NOTES 1. A nELO SURvEY HAS NOT BtEN PERfORYEO. PROPERTIES ARE fROll OEEOS AND PLATS Of RECORD. 2. THIS PLAN DOES NOT CONSTITUTE A BOUNDARY SURvEY NOR A SUBDMSlON or LAND. INDEPENDENT Of AllY ACCOYPAHYINC OOCUYENTS IT IS NOT YEANT fOR AN'! OTHER THAN CENERAl R!:fERENCE. 3. THE PROPOSED PROPERTY CONTAJNS APPROXlllATELY 63,214 Sf. OR 1.'5 AC. OWNER INFORMATION lOTS 1-',2"7-85-7'69, B18 '.th STREETl ~ LOTS 5-8, 2417-85-8262, 812 14th STREET D.B. 2391, P. 2072 lOTS 9-10, 2417-85-9257, 812. .14th STREET, D,B. 923, p, 30S BILLY W, CHAPlAIN LOTS 32-33, 2417-85-7110, 815 13th STREET, 0.8. liDO, P. 190 lOTS :14-38, 2"7-85-6068, 821 13th STREET, D.B. 1736, P. 12 ~ ~OQl?RCIIVI4 o :~~~~~~A" \::) OIVe: NAtr.s rcM.--WC _L-"-@ ~~ @ i--- :q: 24 ~- ~ ~ ....'0\' @ c:i ::;;:~~__ ~ ~Clp: ~~~Q @ ~k~lv) ~-i~~~~ ~ I.!..~~'" \(!) ~ -0 ~- - ~ ~~&ie. @ U J ~ @ I-.. ~ C3' l.4Jll:::l ~ ~... \-.: ~ ~ - r-..- CI) ~ Cti ;:1 < ~ ~ @ @ @ S 13'50 '4 1" E 140.00' @ @ l:::l l:::l ~ ... @ ~ . ~ 0\ @ ~ ~ RUDEE A VENUE l:::l II) (FORMERL Y COURTRIGHT A VENUE) ~ - 60' R/W (UNIMPROVED) - -.;. (M.B, 1. p, 100) N 13'50'4!" W 151,23' 20' R/W TO REMAIN ADJOINERS 1) N/f 81llY W, ClW>lAlN, 2417-95-0249, 800 14th STREET, 0,8, 2391, P. 207. 2) N/f RANSOY It lAARr DlCCS, 2417-95-0263, 1314 PARKS AVENUE, 0,8, 926, p, 364 E) N/f JON B. HERSIlElllAN, 2417-95-0147, 1308 PARKS AVENUE, 0.8. 4403, p, 208 EXHIBIT PLAN OF PROPERTY UNES TO BE VACATED OF LOTS 1-10 AND 32-36, BLOCK 116 AND A PORTION OF RUDEE AVENUE. PLAT OF LAKEWOOD Pllt Recorded In II,B, 7, P. 100, In The Clerk'1 Office or The Cireull Court, Vlr,lnll Belch, VA Virginia Beach. Virginia For BU y CHAPL~ Civil [!'\liners 757.431.104 1 ~~~~ ~: ""Js;lc,com Londscope Architects L2ClIllSlMGlRIolSlEI\IlCIIAI[lOf.VA2lCS2 SCALE: 1"'" ::'0' VIRGINIA BEACH F.B., P.. MAY I, 200::' IN:204-1288 ~ Exhibit C ';~~O' IIMPRbvEMENTS &. PARKING EXHIBIT \ \ \ .~ \ 'es> \ \ \ \ \ <'"~ \ ~ \ \ <'"~ \ , "" \ \ <'"0--, \ , '" project: PLA T SHOWING PORTION OF RUDEE A VENUE TO BE CLOSED BY THE VIRGINIA BEACH CITY COUNCIL Iff IN; O:i C:!f '-:: \ \ \ \ <'"~ PROPOSED PARKING COUNTS \ ~ No. OF UNITS - 12 \ SPACES REQUIRED (PER) - 2 \ No. ST'D SPACES PROVIDED - 25 No. HDCP SPACES PROVIDED - 2 TOTAL SPACES REQUIRED - 24 TOTAL SPACES PROVIDED - 27 TYPICAL DIMENSIONS SrD SPACE = 9'x18' HDCP SPACE = 8' x 1 8' HDCP LOADING = 5'x18' :5 22.00' ~ -18.00' u z 0 u '" ...; 0 w Vl 0 CD 0.. ",'" 0 '" z::> 0.. _u "" ~~ o..w '" 0- U ;;!z itS ~o ::i: ..., ~ ;:!j .'. .'. 0 .'. Cl w Cl -.J -.J < -.J 0 U W ~ 8 ~ ~I w gl CD 0 .... 0- I .... _30' ROt!I....YA~ dote: 29 APRIL, 2005 proj.mon,: EAG file:204-128Lprelim2.dwg principle: WRP PROPOSED R/W IMPROVEMENTS PAVEMENT (& CURB IF REO'D) ~ CS' 'q:: ~ ~ ~~ W:~ &:i ~ Qj :;s ~ Q: 1SthSTREET (50' R/W) (M.B. 1, P. 100) Civil Engineers 757.431.1041 ~~g3 ~~~~~~~s wplsite.com I4~n:I~~;i~= IlAQl, VA 23452 proj, no, 204-1286 sheet 1 of 1 -37- Item V-J.5. PLANNING ITEM # 54181 ADD-ON Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council EXTENDED COMPLIANCE to November 12, 2005, re application of ROBIN G. and G. DA VID WALTRIP and JOHN WARD JR. closure of portion of Sunny Avenue and Athens Boulevard (APPROVED: July 13, 2004) Application for the discontinuance, closure and abandonment of a portion of Sunny Avenue beginning on the west side of Athens Boulevard and running approximately 215.25 feet in a westerly direction. DISTRICT 4 - BAYSIDE The following conditions shall be required: 1. The City Attorney's Office will make the final determination regarding ownership of the underlyingfee, 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 said policy are available in the Planning Department. 2. The applicant is required to resubdivide the property and vacate internal lot lines to incorporate the closed area into the adjoining parcels. The resubdivision plat shall be submitted and approved for recordation prior to final street closure approval. 3, The applicant shall verify that no private utilities exist within the right- of- way proposed for closure. Preliminary comments from the utility companies indicate that there are no private utilities within the right- of- way proposed for closure, If private utilities do exist, the applicant shall provide easements satisfactory to the utility companies. 4, A twenty-foot (20') wide public utility easement satisfactory to the Department of Public Utilities shall be dedicated. No development shall be permitted to encroach within the easement. 5. The resubdivision plat reflecting the street closure shall not be recorded unless a new fifty-foot (50') right-of-way is dedicated to the City on adjacent property to the North. 6. Closure of the right-of-way is Extended and shall be contingent upon compliance with the above stated conditions by November 12, 2005. If all conditions noted above are not in compliance and the final plat is not approved by November 12, 2005, this approval will be considered null and void. July 12, 2005 Item V-J.5. PLANNING ADD-ON Voting: - 38- ITEM # 54181 (Continued) 11-0 (By Consent) Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 July 12, 2005 ORDINANCE NO. 2 AN ORDINANCE EXTENDING THE DATE FOR 3 SATISFYING CONDITIONS IN THE MATTER OF 4 THE CLOSING, V ACA TING AND 5 DISCONTINUING OF A PORTION OF SUNNY 6 AVENUE (FORMERLY POPLAR ST.) LAKE 7 BRADFORD PARK, UPON THE APPLICATION 8 OF ROBIN G. WALTRIP AND G. DAVID 9 WALTRIP AND JOHN WARD, JR. ]0 WHEREAS, on July 13, 2004, the Council of the City of Virginia Beach acted upon the ]] application of Robin G. Waltrip and G. David Waltrip and John Ward, Jr. for the closure of portion ] 2 of Sunny Avenue; ] 3 WHEREAS, on J ul y 13, 2004 the Council adopted an Ordinance to close the aforesaid street, ]4 subject to certain conditions being met on or before July 12, 2005; and 15 WHEREAS, on June 22, 2005, the applicant requested that they be granted an extension of ] 6 time to satisfy the conditions attached to the aforesaid street closure. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF ] 8 VIRGINIA BEACH, VIRGINIA: ] 9 That the date for meeting conditions of closure as stated in the Ordinance adopted on July 13, 20 2004, upon application of Robin G. Waltrip and G. David Waltrip and John Ward, Jr., is extended to 2] November 12, 2005. 22 GPIN's: 1570-41-1300,1570-41-0269,1570-41-0330, 1570-41-0302, 1570-31-9382, 1570-31-9353, 23 1570-31-9334, 1570-31-8394, 1570-31-8364, 1570-31-9282, 1570-31-9243, 1570-31-9213, and 24 1570-31-8276 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the --1...2..th day of 26 July 27 ~~ 30 31 CA-9651 H :IOIDIREAL EST ATEIStrect Closurel Waltrip- Ward.ca9651.ext.ord.doc Date: 6/28/05 R1 32 33 34 35 36 37 ,2005. APPROVED AS TO CONTENT: ~ b-~-O~ Planning De~ent APPROVED AS TO LEGAL SUFFICIENCY: ~~1d11iJfM; City Attorne 's Office Item V-K.1. - 39- APPOINTMENTS ITEM # 54182 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION EASTERN VIRGINIA HEALTH SYSTEMS AGENCY INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA July 12, 2005 - 40- ITEM # 54183 Mayor Oberndorf entertained a motion to permit City Council to conduct a second CLOSED SESSION, pursuant to Section 2.1-344(A), Code of Virginia, as amended,for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews ofprospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A) (1). To Wit: Appointments: Boards and Commissions: Board of Zoning Appeals Beaches and Waterways Commission Development Authority Eastern Virginia Health Systems Agency Investment Partnership Advisory Committee- PPEA Parks and Recreation Commission Public Library Board LEGAL MATTERS: Consultation with legal counselor briefings by staff members, 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 2.2-3711 (A)(7). Team Effort, Inc. d/b/a "LIVE" et ai, v. City of Virginia Beach PUBLIC CONTRACT: Discussion or consideration by a responsible public entity or an affected local jurisdiction, as those terms are defined in Section 56-557, of confidential proprietary records excludedfrom this chapter pursuant to Section 2.2- 3705.6(11) AND Discussion of the award of a public contract involving the expenditure of public funds, and discussion of the terms or scope of such contract, where discussion in an open session would adversely affect the bargaining position or negotiating strategy of the public body. Lobbying Contract Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council voted to proceed into CLOSED SESSION (6:18 P.M.) Voting: 11-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, 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 (Closed Session: 6:18 P.M. to 7:48 P.M.) July 12, 2005 - 41 - CERTIFICATION OF CLOSED SESSION ITEM# 54184 Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: Harry E, Diezel, Robert M Dyer, 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 July 12, 2005 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 # 54183, page 40, 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 RESOLVED: That the Virginia Beach City Council hereby certifies that, to the best of each member's knowledge, (a) only public business matters lawfully exempted from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies; and, (b) only such public business matters as were identified in the motion convening this Closed Session were heard, discussed or considered by Virginia Beach City Council. July 12, 2005 - 42- Item V-No ADJOURNMENT ITEM # 54185 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:07 P.M. _C7i~__tLyg~_~~ Beverly 0. Hooks, CMC Chief Deputy City Clerk ~ --~~. ~~s Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia July 12, 2005