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Home My WebLink AboutMARCH 7, 2006 MINUTES CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 HARRY E. DIEZEL 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 MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LIUEY City CLERK - RUTH HODGES SMITH, MMC CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL AGENDA 7 March 2006 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 427-4303 FAX (757) 426-5669 E-MAIL: Ctycncl@vbgov.com I. CITY COUNCIL LIAISON REPORTS - Conference Room - 1 :30 PM 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 v. FORMAL SESSION - Council Chamber - A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend Jim W olfcale Atlantic Shores Baptist Church 2:00 PM 6:00 PM 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. 2. SPECIAL SESSION INFORMAL AND FORMAL SESSIONS February 21,2006 February 28, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARING 1. RESIDENTIAL WATER AND SEWER TAP FEES INCREASE I. CONSENT AGENDA 1. ORDINANCES/RESOLUTION 1. Ordinance to AMEND SS 28-3, 28-9 and 37-7 and ADD new SS 28-3.1 and 37-7.1 of the City Code re fees for sewer and water connections 2. Ordinance ESTABLISHING "Transition Rules" re the development of property in the RT-2 Resort Tourist District (Deferred February 28,2006) 3. Ordinances to APPROPRIATE and TRANSFER: a. ESTABLISH a Capital Improvement Project (CIP) (Conformity and Acquisition Fund - APZ-1 and Interfacility Traffic Areas) and APPROPRIATE $3,700,000 from the Agricultural Reserve Program (ARP) re purchase ofland or interests therein b. $370,000 from the Parking Enterprise Fund re purchase of multi-space parking meters c. $223,900 from the DEA Seized Property Special Revenue fund to the Police Department re purchase of equipment and canines d. $115,000 within the Public Works Operating Budget re purchase of a waste collection vehicle e. $60,000 from Golf Course Special Revenue fund re renovations to the clubhouse at Red Wing Lake Golf Course - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 7 March 2006 Mayor Meyera E. Oberndorf called to order the CITY COUNCIL LIAISON REPORTS in the Council Conference Room, City Hall, on Tuesday, March 7, 2006, at 1:30 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Peter W Schmidt [Out of City Entered: 2:30 P.M] M~rr'.h 7 JOO" - 2 - CITYCOUNCIL LIAISON REPORTS 1:30 P.M. ITEM#54972 Councilman Maddox, Liaison to the CONVENTION CENTER, distributed his report: Said information is hereby made a part of the record. Project Budget: The project budget is $206,844,513. The work is currently progressing on budget and projected to be completed within this amount. GMP and Construction Status: The current amount of the Construction Management Agreement with Turner Construction is $159,323,058. As of February 28, 2006, the grass billings were $124,755,014 for completed work. Schedule: The current contract completion date for substantial completion of Phase 1B is December 15, 2006. Turner is currently twelve(12)days behind schedule. Issues: Working on the design and cost to install a canopy from the ballroom pre function area to the ballroom drop-off area. Due to complaints about the boardroom, a redesign of the boardroom table is in process. Concern was expressed re the completion of the Video wall. Charles Meyer, Chief Operating Officer, will provide information re the video wall. March 7, 2006 - 3 - CITY COUNCIL COMMENTS 1:35 P.M. ITEM # 54973 Councilman Reeve inquired relative the basis for assessments. Is the assessment based upon a price per square footage, re construction type (vinyl, brick) or purely marketing comparisons? Councilman Reeve advised, based on the Real Estate Assessor's comments, the assessments resulted from comparable sales in the particular areas. A resident of his District reviewed assessments "on-line" of the residents on his street and further divided each of the assessments by square footage. The numbers were very different. All houses are of similar size, construction, and age. The resident's home was appraised at approximately $115.00 a square foot, while a similar home of the same size is valued at $86.00 per square foot. The resident's home was built the same time as his neighbor's home, both contain 3,000 square feet and both have 4-bedrooms and 3-baths. The resident has been trying to contact the City Assessor's office without success. Mayor Oberndorf referenced the bulletin contained with the individual assessments. Information was provided relative the method of assessing homes. Council Lady Wilson advised assessments are market driven. Council Lady Wilson suggested the resident contact the Board of Equalization if he believes the assessment is not comparable. ITEM # 54974 Councilman Villanueva concurred with Councilman Dyer's suggestion, during the Retreat, to schedule a Workshop re Building Communications (Preserving Public Trust). Councilman Dyer had submitted a proposal to promote trust and understanding between the City government and the citizens of Virginia Beach with a request these issues be scheduled for a briefing. ITEM # 54975 Councilman Villanueva referenced the recent vandalizing of three hundred fifty (350) automobiles. Councilman Villanueva inquired if a City program was available to assist citizens with the repair costs of their vehicles. The City Manager advised the City does not have a fund to defray costs re vandalizing of citizens' automobiles. March 7, 2006 - 4- AGE N DA REV IE W S E S S ION 1 :46 P.M. ITEM # 54876 J.2. Ordinance ESTABLISHING "Transition Rules" re the development of property in the RT-2 Resort Tourist District (Deferred February 28,2006) Mayor Oberndorf referenced a telephone call from Captain Patrick J. Lorge, Commanding Officer - Naval Air Station, Oceana. Captain Lorge cautioned the adoption of this Ordinance may cause the sincerity of the City Council to be questioned, in light of previously established procedures concerning BRAe. The Commander did not want to register to speak. The Commander had stated the application was would not increase the density. Councilman Maddox advised there were extenuating circumstances relative the application of Richard Kowalewitch. He submitted his plans in August or September 2005. This application does not increase density. Councilman Reeve advised this application has no bearing on the Joint Land Use Plan or Base Realignment and Closure Commission (BRA C). Mayor Oberndoif advised the Navy still has not "signed off" on the Joint Land Use Study. Mayor Oberndoif believes other applicants will expect the same courtesy extended to Mr. Kowalewitch. The City Attorney advised Richard Kowalewitch has filed a law suit. The City Attorney does not believe the suit has merit, but nonetheless Mr. Kowalewitch has registered his complaint and requested the Circuit Court to hear his case. A copy of this suit was forwarded to the Mayor and Members of City Council. The City Attorney advised it is generally preferable to have zoning decisions for particular properties, not zoning decisions for districts and areas. Applications should be uniform and not single minded. Councilman Villanueva suggested the application be voted upon as a "stand alone" Planning application. Councilman Maddox advised the lawsuit has not been activated. Mr. Kowalewitch has requested the City Council for assistance. This Ordinance shall be discussed during the Formal Session. ITEM # 54977 J.l. Ordinance to APPROPRIATE and TRANSFER: b. $370,000 from the Parking Enterprise Fund re purchase of multi-space parking meters Councilman Reeve inquired re possibility of confusion if one meter serves ten (10) spaces i. e. blocked by a truck and the individual would assume this is a nonmetered parking place. Mike Eason, Resort Services Co-ordinator, Convention and Visitors Bureau advised only a small handful of individuals have stated they did not see the sign. The Plan does call for signage at the beginning and end of each block. This will be a transition period, as individuals are used to seeing a meter by each parking space. It has been suggested the sign be placed directly above the multi-space meter. Richard Petty, Parking Manager, advised each space will be numbered and the parking meter is approximately four feet tall. March 7, 2006 - 5 - AGE N DA REV IE W S E S S ION ITEM # 54978 BY CONSENSUS, these items shall compose the CONSENT AGENDA: J. ORDINANCES/RESOLUTION 1 Ordinance to AMEND 99 28-3, 28-9 and 37-7 and ADD new 99 28-3.1 and 37-7.1 of the City Code re fees for sewer and water connections 3. Ordinances to APPROPRIATE and TRANSFER: a. ESTABLISH a Capital Improvement Project (CIP) (Conformity and Acquisition Fund - APZ-1 and Inteifacility Traffic Areas) and APPROPRIATE $3,700,000 from the Agricultural Reserve Program (ARP) re purchase of land or' interests therein b. $370,000 from the Parking Enterprise Fund re purchase of multi-space parking meters c. $233,900 from the DEA Seized Property Special Revenue fund to the Police Department re purchase of equipment and canines d. $115,000 within the Public Works Operating Budget re purchase of a waste collection vehicle e. $60,000 from Golf Course Special Revenue fund re renovations to the clubhouse at Red Wing Lake Golf Course 4. Resolution re modification of a Joint Use Agreement with the Virginia Beach Mariners, Inc. for the Virginia Beach Sportsplex March 7, 2006 - 6 - ITEM # 54979 Mayor Meyer E. Oberndorf 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) (I). To Wit: Appointments: Boards and Commissions: Beaches and Waterways Commission Investment Partnership Advisory Committee- PPEA Meals Tax Task Force Resort Advisory Commission (RAC) Social Services Board Southeastern Public Service Authority 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 and Disposition of Property: Princess Anne District Town Center 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). BRAC Public Safety Employment Practices Boardwalk Hurricane Protection Program Litigation Town Center Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (2:04 P.M.). 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, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Peter W Schmidt [Entered: 2:30 P.M.] (Closed Session: 2:04P.M. - 5:46 P.M.) (Dinner: 5:47P.M. - 6:05 P.M.) March 7, 2006 - 7 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL March 7,2006 6:05 P.M. Mayor Meyer E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, March 7, 2006, at 6:08 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. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James 1. Wood Council Members Absent: None INVOCATION: Reverend Jim Wolfcale Atlantic Shores Baptist Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Council Lady Rosemary Wilson DISCLOSED her husband is a principal in the accounting firm of Goodman and Company and is directly and indirectly involved in many of Goodman and Company's transactions. However, due to the size of Goodman and Company and the volume of transactions it handles in any given year, Goodman and Company has an interest in numerous matters in which her husband is not personally involved and 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 andfile the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of transactions it handles in any given year, Prudential has an interest in numerous matters in which she is not personally involved and of which she does not have personal knowledge. In order to ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifYing any matters in which she might have an actual or potential conflict. If, during her review she identifies any matters, she will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure. Council Lady Wilson's letter of January 27, 2004, is hereby made a part of the record. March 7, 2006 - 8 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 54980 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 March 7, 2006 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 # 54978, page 6, 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. ~4cA.-=: uth Hodges mith, MMC City Clerk March 7, 2006 - 9 - Item V- F.1. MINUTES ITEM #54981 Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council APPROVED Minutes of the SPECIAL SESSION of February 21,2006. 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. OberndorJ, Jim Reeve, Peter W Schmidt, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None March 7, 2006 - 10 - Item V-F. 2. MINUTES ITEM #54982 Upon motion by Councilman Wood, seconded by Councilman Reeve, City Council APPROVED Minutes of the INFORMAL AND FORMAL SESSIONS of February 28,2006. Voting: 10-0 Council Members Voting Aye: Harry E. Diezel, 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 Abstaining: Robert M Dyer Council Members Absent: None Councilman Dyer ABSTAINED as he was not in attendance during the City Council Session of February 28, 2006 (Wife in Hospital) March 7, 2006 Item V-G. ADOPT AGENDA FOR FORMAL SESSION BY CONSENSUS, City Council ADOPTED: - 11 - ITEM #54983 AGENDA FOR THE FORMAL SESSION March 7, 2006 - 12 - Item V-G.2. RECOGNITION ITEM #54984 Mayor Oberndorf recognized the following Cub Scouts and Boy Scouts in attendance to fulfill requirements for their badges: Pack 406 Dean 1 Dr. Stan Sawyer, All Saints Episcopal Church Jim Johnson, Den Leader (unable to attend due to back injury) Christine Quedens, Cubmaster Jimmy Johnson Cameron Welch Corey Nard Kyle Kirby Kyle Couch Christian Sorenson Brett Hellman Sonny Schleh Legan Humphries Jason Owens Grayson Grosch Jack Franklin Andrew Sorenson Troop 490 John Hickey, Scout Master Tim Severn Ken Labre Assistant Scout Masters Eric Severn Joe Lonergan Charlie Gaskin Chris Hein Matt Fanghella Ryan Hill Thomas Hickey Joe Pickard Joe Knoble Matt Hein Nikkolas Staker David Murray Luke Knoble Matt Stressman Winston Best March 7, 2006 - 13 - Item V-H.I. PUBLIC HEARING ITEM #54985 Mayor Meyera E. Oberndorf DECLARED A PUBLIC HEARING: RESIDENTIAL WATER AND SEWER TAP FEES INCREASE They're being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING. March 7, 2006 - 14- Item v.J. ORDINANCES/RESOLUTION ITEM # 54986 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Items 1, 3a.b.c.d.e and 4 of the 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 Councilman Wood voted a VERBAL NA Y on Item J.1 (fees for sewer and water connections) March 7, 2006 - 15 - Item v.J.1. ORDINANCES/RESOLUTION ITEM # 54987 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AMEND 33 28-3, 28-9 and 37-7 and ADD new 33 28-3.1 and 37-7.1 of the City Code re fees for sewer and water connections Voting: 10-1 (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 and Rosemary Wilson Council Members Voting Nay: James L. Wood Council Members Absent: None March 7, 2006 1 AN ORDINANCE TO AMEND SECTIONS 28-3, 28-9 2 AND 37-7 AND ADD NEW SECTIONS 28-3.1 AND 3 37-7.1 OF THE CITY CODE, PERTAINING TO 4 FEES FOR SEWER AND WATER CONNECTIONS 5 6 Sections Amended: City Code Sections 7 28-3, 28-9 and 37-7 8 9 Sections Added: City Code Sections 28-3.1 10 and 37-7.1 11 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA BEACH, 12 VIRGINIA: 13 That Sections 28-3, 28-9 and 37-7 of the City Code are hereby 14 amended and reordained and Sections 28-3.1and 37-7.1 are hereby added, 15 to read as follows: 16 17 CHAPTER 28. SEWERS AND SEWAGE DISPOSAL 18 19 ARTICLE 1. IN GENERAL 20 21 Sec. 28-3. Sewer connection tap installation fees (tap fees). 22 The following fees shall be paid for connections to the public 23 sewer system (tap feea). 24 ~ ~ For a ~ four-inch or larger tap, lateral and cleanout, 25 except as provided in City Code Section 28-3.1: ~225.00 actual cost to 26 the City of installation. 27 ~ O~er four inch tap. Coat of labor, material and equipment, 28 plua t~enty fi~e (25) percent 29 (b) "Actual cost" shall mean the average installation cost 30 determined by the Department of Public Utilities annually based upon 31 contract unit bid prices and contract administration cost. 32 Sec. 28-3.1. Same; existing dwellings. 33 ~ Sewer tap, cleanout and installation fees for existing 34 dwellings qualifying under Section 28-2, pertaining to mandatory 35 connections to the public sewer system, shall be $450.00 for a four-inch 36 tap. For six-inch or larger taps, the fee shall be the actual cost of 37 installation by the City. 38 ~ "Actual cost" shall mean the average installation cost 39 determined by the Department of Public Utilities annually based upon 40 contract unit bid prices and contract administration cost. 41 42 Sec. 28-9. Sewer cleanouts. 43 All buildings and dwellings connected to the public sewer system 44 shall have a cleanout installed in the lateral line at or near the 45 property lines served. If 3uch cleanout3 are in3talled by the city, the 46 charge ohall be ao follO"'v?3 for each cleanout inotalled. 47 (1) Four inch or larger cleanout. C225.00. 48 (2) Over four (4) incheo. C03t of labor, material and equipment, 49 pluo t~enty five (25) percent 50 51 CHAPTER 37. WATER SUPPLY 52 ARTICLE 1. IN GENERAL 53 54 Sec. 37-7. Water ~ tap and meter installation fees. 55 The following fees shall be paid for connections to a city water 56 line and for the installation of water meters: 2 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 (1) Tap and mctcr fcco: a. Fi7c cightho inch and thrcc fourtho inch tap. 1. Tap and mctcr. C285.00. 2. Hctcr only. C155.00 b. Onc inch tap. 1. Tap and mctcr. C370.00. 2. Hctcr only. C240. 00 c. Onc and onc half inch or largcr tap and/or mctcr. Coot of labor, matcrialo, and cquipmcnt, pluo t'ilJcnty fivc (25) perccnt. d. Whcn thc inotallation rcqulrco a combination of a diffcrcnt Olze tap and mctcr than liotcd abo7c, thc chargcD .vvill bc baocd on coot of labor, matcrials and cquipmcnt, pluo t.vvcnt::;: fi"JC (25) pcrccnt. (a) Except as provided ln City Code Section 37-7.1, actual cost to the City of installation. (2) For tapa ln CXCCOD of onc inch, an amount ohall bc placcd in cocro"Q baocd on an cotimiltc of coo to by thc dircctor of public utilitics. (b) "Actual cost" shall mean the average installation cost determined by the Department of Public Utilities annually based upon contract unit bid prices and contract administration cost. 3 - 16 - Item v'J.2. ORDINANCES/RESOLUTION ITEM # 54988 The following registered in SUPPORT: Rick Kowalewitch, 1166 Woodcock Lane, Phone: 831-6143, advised he met with City staff to determine the zoning of his proposed application and was advised this property was not in the BRAC area. He then entered into a contract to purchase the property. On December 19, 2005, a rendering of the application was prepared. He did not receive notice of the Ordinance establishing Transition Rules adopted on December 20 , 2005. Mr. Kowalewitch referenced correspondence from Captain Lorge, Commanding Officer - NAS Oceana. Said letter is hereby made a part of the record. The following registered in OPPOSITION: Sam Reid, represented the Oceana Coalition of Civic Leagues, 1533 Virginia Beach Boulevard, Phone: 437-5648, and advised no applicant should receive an extension. Robert Rountree, NAS Ocean a, 1750 Tomcat Boulevard, Phone: 433-2553, advised last Friday March 3, 2006, the Navy and the City met re issues from the Joint Land Use Study. Discussion involved the possibility of entering into a Memorandum of Agreement between the City and the Navy which would govern communications and action pertaining to the Navy's AICUZ program, the Joint Land Use Study and any proposed development surrounding NAS Oceana. One of the issues raised was the City's commitment to its own ordinances. Upon motion by Councilman Maddox, seconded by Council Lady McClanan, City Council ADOPTED: Ordinance ESTABLISHING "Transition Rules" re the development of property in the RT-2 Resort Tourist District (Deferred February 28, 2006) Voting: 7-3 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Reba S. McClanan, Richard A. Maddox, Jim Reeve, Ron A. Villanueva and James L. Wood Council Members Voting Nay: Mayor Meyera E. Oberndorf, Peter W Schmidt and Rosemary Wilson Council Members Absent: Vice Mayor Louis R. Jones March 7, 2006 1 REQUESTED BY COUNCILMEMBER RICHARD A. MADDOX 2 3 4 AN ORDINANCE ESTABLISHING TRANSITION 5 RULES FOR THE DEVELOPMENT OF PROPERTY IN 6 THE RT-2 RESORT TOURIST DISTRICT 7 8 9 WHEREAS, on December 20, 2005, the City Council adopted an 10 ordinance entitled "AN ORDINANCE AMENDING ARTICLE 15 OF THE CITY 11 ZONING ORDINANCE, PERTAINING TO USE REGULATIONS, DIMENSIONAL 12 REQUIREMENTS, VEHICULAR PARKING REQUIREMENTS, DENSITY 13 RESTRICTIONS AND DESIGN INCENTIVES IN THE RT-l, RT-2 AND RT-3 14 RESORT TOURIST DISTRICTS (hereinafter the "Ordinance");" and 15 WHEREAS, the Ordinance became effective as of the date of 16 its adoption; and 17 WHEREAS, it is the sense of the City Council that 18 transition rules should be adopted to govern certain development 19 applications that were not approved by the City prior to the 20 effective date of the Ordinance; 21 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 22 OF VIRGINIA BEACH, VIRGINIA: 23 1. That the following rules shall apply to site plan and 24 subdivision plats for property wholly located within the RT-2 25 Resort Tourist District if requested by the applicant: 26 (a) Any subdivision plat or site plan pertaining to 27 property affected by the Ordinance that has been 28 accepted for reVlew, but has been neither approved nor 29 disapproved, by the City on or before the close of 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 business on May 1, 2006, shall not be subject to the amendments set forth in the Ordinance, but shall be required to comply with the ordinances and regulations of the City applicable to such property as of December 19, 2005i (b) Any such subdivision plat that has been accepted for review on or before the close of business on May 1, 2006, but which is thereafter disapproved, shall, if resubmitted within thirty (30) days of the date of disapproval or wi thin thirty (30) days after May 1, 2006, whichever is later, be subject to the ordinances and regulations of the City applicable to such property on December 19, 2005i That the provisions of Paragraph 2 hereinabove shall (c) apply only to one (1) resubmit tal of a site plan or subdivision plat which has been disapproved, such that if the site plan or subdivision plat is disapproved upon resubmittal, all further development of the subj ect property shall conform to the provisions of the Ordinance, as well as to all other applicable laws, ordinances, regulations and standardsi and (d) The application of these rules shall not result in any lncrease in density over that allowed by the ordinances and regulations of the City applicable to such property on December 19, 2005. 55 BE IT FURTHER ORDAINED BY THE COUNCIL OF THE CITY OF 56 VIRGINIA BEACH, VIRGINIA: 57 That nothing in this ordinance shall be construed to affect 58 any vested rights which existed as of the effective date of the 59 Ordinance. 60 Adopted by the Council of the City of Virginia Beach, 61 Virginia, on the 7 day 0 f March , 2006. APPROVED AS TO LEGAL SUFFICIENCY: (;JJj~ 1/ ~l City Attorney's Office CA9925 H:\OID\OrdRes\RT-2 Transition Rules ord.doc R-2 February 27, 2006 - 17 - Item V, J. 3. a-e. ORDINANCES/RESOLUTION ITEM # 54989 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: 1. Ordinances to APPROPRIATE and TRANSFER: a. ESTABLISH a Capital Improvement Project (ClP) (Conformity and Acquisition Fund - APZ-1 and lnterfacility Traffic Areas) and APPROPRIATE $3,700,000 from the Agricultural Reserve Program (ARP) re purchase of land or' interests therein b. $370,000 from the Parking Enterprise Fund re purchase of multi-space parking meters c. $223,900 from the DEA Seized Property Special Revenue fund to the Police Department re purchase of equipment and canines d. $115,000 within the Public Works Operating Budget re purchase of a waste collection vehicle e. $60,000 from Golf Course Special Revenue fund re renovations to the clubhouse at Red Wing Lake Golf Course 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 March 7, 2006 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE ESTABLISHING CAPITAL PROJECT # 9 - 0 6 0 , CONFORMITY AND ACQUISITION FUND APZ-1 AND INTERFACILITY TRAFFIC AREAS, AND APPROPRIATING $3,700,000 FROM THE FUND BALANCE OF THE AGRICULTURAL RESERVE PROGRAM SPECIAL REVENUE FUND TO PROJECT # 9-060 FOR THE PURPOSE OF PURCHASING LAND, OR INTERESTS IN LAND AND PROPERTY IN THE INTERFACILITY TRAFFIC AREA WHEREAS, the City of Virginia Beach adopted an ordinance on 13 December 20, 2005, to authorize the acquisition of interests 1n 14 certain property located in Accident Potential Zone-1 and the 15 Interfaci1ity Traffic Area. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 1. That capital project # 9-060, Conformity and 19 Acquisition Fund - APZ-1 and Interfacili ty Traffic Areas, 1S 20 hereby established in the Capital Improvement Program for the 21 purpose of purchasing land or interests in land and facilitating 22 the conversion of non-conforming property uses under the Navy's 23 OPNAV Instruction to conforming uses 1n the APz-1 areas 24 surrounding NAS Oceana, and for the purpose of purchasing land 25 or interests in land or property in the Interfacility Traffic 26 Area between NAS Oceana and NALF Fentress, all consistent with 27 the City's APZ-1 Use and Acquisition Plan and the Interfacility 28 Traffic Area Property Acquisition Plan. 29 2. That $3,700,000 is hereby appropriated from the fund 30 balance of the Agricultural Reserve Program Special Revenue Fund 31 to capital project # 9-060, Conformity and Acquisition Fund - 32 APZ-1 and Interfacility Traffic Areas, in the FY 2005-06 Capital 33 Budget for the purpose of purchasing land or interests in land 34 in the Interfacili ty Traffic Area from willing sellers, with 35 revenue from fund balance increased accordingly. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia, on the 7th day of March , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~a~~~~ J~u~ City Attorney's ffi~ CA9923 H:\PA\GG\OrdRes\APZ1 Acquisition ORD R-6 February 28, 2006 1 2 3 4 AN ORDINANCE TO APPROPRIATE $370,000 FROM THE FUND BALANCE OF THE PARKING ENTERPRISE FUND TO THE FY 2005-06 OPERATING BUDGET FOR THE PURCHASE OF MULTI-SPACE PARKING METERS 5 WHEREAS, $370,000 is currently available in fund balance of 6 the Parking Enterprise Fund. 7 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 8 VIRGINIA BEACH, VIRGINIA: 9 That $370,000 is hereby appropriated from the fund balance of 10 the Parking Enterprise Fund to the FY 2005-06 Operating Budget for 11 the purchase of multi-space parking meters, with local revenue 12 increased accordingly. 13 Adopted by the Council of the City of Virginia Beach, 14 Virginia, on the 7Fh day of Mt=lrch , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY i)~u,~ Management Services hU1'J.i t[~ CitY Attorney's ffice CA9928 H:\PA\GG\OrdRes\Multi-Space R-2 February 23, 2006 Parking Meters ORD 1 AN ORDINANCE TO APPROPRIATE $223,900 FROM THE 2 FUND BALANCE OF THE DEA SEIZED PROPERTY 3 SPECIAL REVENUE FUND TO THE POLICE 4 DEPARTMENT'S FY 2005-06 OPERATING BUDGET FOR 5 THE PURCHASE OF EQUIPMENT AND CANINES 6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 7 VIRG INIA: 8 1. That $223,900 is hereby appropriated from the Fund 9 Balance of the DEA Seized Property Special Revenue Fund to the 10 Police Department's FY 2005-06 Operating Budget for the purchase of 11 equipment and canines. 12 2. That estimated revenue in the FY 2005-06 Operating Budget 13 from the DEA Seized Property Fund is hereby increased by $223,900. 14 Adopted by the Council of the City of Virginia Beach, 15 Virginia, on the 7th day of March , 2006. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: jj~\l. Management Services Jv~ ~~ City Attorne ' s Office CA9927 H:\PA\GG\OrdRes\Police R-2 February 23, 2006 Equip-Canines ORD 1 AN ORDINANCE TO TRANSFER $115,000 WITHIN THE 2 FY 2005-06 PUBLIC WORKS OPERATING BUDGET FOR 3 THE PURCHASE OF A WASTE-COLLECTION VEHICLE 4 5 6 WHEREAS, due to the increased demand for the collection 7 of bulk items, such as furniture and appliances, there is a need to 8 purchase an additional waste-collection vehicle estimated to cost 9 $115,000; and 10 WHEREAS, the additional amount needed may be provided by 11 transferring funds within the FY 2005-06 Public Works Operating 12 Budget. 13 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 14 OF VIRGINIA BEACH, VIRGINIA: 15 That $115,000 is hereby transferred within the FY 2005-06 16 Public Works Operating Budget to fund the purchase of a waste- 17 collection vehicle. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia, on the 7th day of March , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~g~e~~~ ,knu- City Attor~ce CA9929 H:\PA\GG\OrdRes\Waste Collection Vehicle ORD R-2 February 24, 2006 1 2 3 4 5 6 7 8 AN ORDINANCE TO APPROPRIATE $60,000 FROM THE FUND BALANCE OF THE GOLF COURSE SPECIAL REVENUE FUND TO CIP PROJECT # 4- 959 , GOLF COURSE INFRASTRUCTURE AND EQUIPMENT - PHASE I WHEREAS, the renovation of Red Wing Lake Golf Course did 9 not include improvements to the clubhouse, and the course is 10 anticipated to open in August 2006. 11 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 12 OF VIRGINIA BEACH, VIRGINIA: 13 1. That $60,000 is hereby appropriated from the fund 14 balance of the Golf Course Special Revenue Fund to CIP # 4-959, 15 Golf Course Infrastructure and Equipment Phase I, for the 16 purposes of making needed improvements to the Red Wing Lake Golf 17 Course clubhouse. 18 2. That revenue from local sources is increased by 19 $60,000. 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 7th day of March , 2006. Management Services APPROVED AS TO LEGAL SUFFICIENCY: Cid~!;Gf;:ce APPROVED AS TO CONTENT: B~Q. CA9915 H:\PA\GG\OrdRes\Red Wing Clubhouse ORD R-2 February 23, 2006 - 18 - Item v'J.4. ORDINANCES/RESOLUTION ITEM # 54990 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution re modification of a Joint Use Agreement with the Virginia Beach Mariners, Inc. for the Virginia Beach Sportsplex 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 March 7, 2006 1 2 3 4 5 6 A RESOLUTION MODIFICATION AGREEMENT FOR SPORTSPLEX TO APPROVE A TO JOINT THE VIRGINIA FIRST USE BEACH WHEREAS, the City of Virginia Beach Development 7 Authority (the "Authority"), and Hampton Roads Mariners, 8 L. L. C. ("HRM") entered into a Joint Use Agreement dated as 9 of September 4, 2001 (the "Agreement"), providing for joint 10 use of the Virginia Beach Sportsplex (the "Sportsplex"); 11 WHEREAS, pursuant to an Assignment dated May 19, 2002, 12 HRM assigned its rights and obligations under the Agreement 13 for the Sportsplex to Virginia Beach Mariners, Inc., a 14 Virginia corporation ("VBM"); 15 WHEREAS, on June 21, 2005, VBM transferred the 16 management and ownership of the Virginia Beach Mariners, a 17 United Soccer League First Division men's professional 18 soccer team which uses the Sportsplex for its home games, 19 to Virginia Beach Soccer, LLC ("VBS"), controlled by Jerry 20 F. McDonnell and Michael C. McCann; 21 WHEREAS, pursuant to an Assignment dated July 1, 2005, 22 VBM assigned its rights and obligations under the Agreement 23 for the Sportsplex to VBS; 24 WHEREAS, VBM and VBS have paid to the Authority all 25 sums due under the Agreement through the date hereof; and 26 WHEREAS, VBS and the Authority desire to enter into a 27 First Modification to the Agreement to (i) allow VBS to 28 conduct up to thirty (30) events during each Soccer Season 29 (an increase of 10 events per Season), and (ii) add a newly 30 constructed artificial turf practice field to the 31 Sportsplex facilities under the Agreement. 32 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE 33 CITY OF VIRGINIA BEACH: 34 1. The City Council approves the First Modification (the 35 "First Modification") to the Joint Use Agreement for the Virginia Beach Sportsplex, in form substantially as 36 37 attached as Exhibit A to this Resolution. The City Manager 38 and the City Attorney are jointly authorized to make minor 39 adjustments to the language of the First Modification as 40 may be necessary and appropriate to facilitate completion 41 of final documents for the transaction, so long as any 42 adjustments remain consistent with the intent and terms of 43 this First Modification. 44 2. The City Council recommends that the Virginia 45 Beach Development Authority (the "Authority") adopt a 46 resolution approving the First Modification and authorizing 47 the appropriate officers of the Authority to execute and 48 deliver the First Modification. 49 Adopted by the City Council of the City of Virginia 50 Beach, Virginia, on the 7th day of March, 2006. CA-9865 X:\OID\REAL EST A TE\Cornmercial Projects\Sportsplex\Council Res First Amendment JUAdoc R-2 February 28, 2006 APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: creation E.-)( \-\\ tb \ -r A FIRST MODIFICATION TO VIRGINIA BEACH SPORTSPLEX JOINT USE AGREEMENT THIS FIRST MODIFICATION TO JOINT USE AGREEMENT (this "First Modification") is made as of the _ day of , 2006, by and between VIRGINIA BEACH SOCCER, LLC, a Virginia limited liability company ("VBS" or "User"), and the CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision of the Commonwealth of Virginia ("Authority"), and recites and provides as follows: RECITALS: A. Hampton Roads Mariners, LLC ("HRM") and Authority entered into a Virginia Beach Sportsp1ex Joint Use Agreement (the "Agreement"), dated as of September 4,2001, for the use of the Sportsplex located in Virginia Beach, Virginia. B. Pursuant to an Assignment dated May 19, 2002, HRM assigned its rights and obligations under the Agreement to Virginia Beach Mariners, Inc., a Virginia corporation ("VBM") c. On June 21,2005, VBM transferred the management and ownership of the Virginia Beach Mariners, a United Soccer League First Division men's professional soccer team which uses the Sportsplex for its home games, to Virginia Beach Soccer, LLC ("VBS") D. Pursuant to an Assignment dated July 1, 2005, VBM assigned its rights and obligations under the Agreement to VBS. E. VBS and the Authority desire to amend the Agreement to (i) allow VBS to conduct up to thirty (30) events during each Soccer Season (an increase of 10 events per Season), 1 and (ii) add a newly constructed artificial turf practice field to the Sportsplex facilities under the Agreement. AGREEMENT: NOW, THEREFORE, in consideration of the foregoing, the mutual promises and undertakings set forth herein and in the Agreement, and other good and valuable consideration, the receipt and sufficiency of which are acknowledged, VBS and Authority agree as follows: 1. Defined Terms. All terms used herein, but not otherwise defined herein, shall have the meanings ascribed to such terms in the Agreement. References in the Agreement or in this First Modification to "this Agreement" or otherwise to the Agreement shall be deemed to refer to the Agreement as amended by this First Modification. 2. Use of the Sportsplex. a. Increase ofHRM Events. The Authority and VBS have agreed to increase the number ofHRM Events allowed during the Soccer Season from twenty (20) to thirty (30). Accordingly, Section 5.1 (A) of the Agreement is amended to provided that the User shall have the right to use the Sportsplex facilities pursuant to this Agreement for conducting up to thirty (30) HRM Events during each Soccer Season. In addition, all other references to "twenty (20) HRM Events" in the Agreement shall be changed to "thirty (30) HRM Events". b. Artificial Turf Practice Field. The Authority and VBS have added a newly constructed artificial turf practice field to the Sportsplex facilities. The parties agree that the "Sportsplex" as described in the Agreement shall include the artificial turf practice field located on the Northeast side ofthe Sportsplex, and all terms and conditions ofthe Agreement with respect to the Sportsplex shall apply to such artificial turf practice field. 2 4. Counterparts. This First Modification may be executed in multiple counterparts, each of which shall be an original, but all of which shall constitute one and the same First Modification. 5. Ratification. Except as modified hereby, the Agreement is hereby ratified and confirmed and remains in full force and effect. [Signatures contained on following pages.] 3 IN WITNESS WHEREOF, the duly authorized representatives of the parties have caused this First Modification to be executed and delivered as of the date and year first above written. AUTHORITY: CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY, a political subdivision ofthe Commonwealth of Virginia (SEAL) ATTEST: By: Name: Title: Chairman / Vice Chairman Date: Secretary / Assistant Secretary VBS: VIRGINIA BEACH SOCCER, L.L.c., a Virginia limited liability company By: Manager (SEAL) Date: X :\OIDlREAL EST A TEICommercial ProjectslSportsplexlFirstModificationtoJUA.doc 4 SPORTSPLEX MARINERS PRACTICE FIELD LOCATION MAP _ _ Feet o 265 530 1,060 1,590 2,120 N A Item V-K.l. - 19 - APPOINTMENTS ITEM # 54991 BY CONSENSUS, City Council RESCHEDULED: BEACHES and WATERWAYS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE - PPEA MEALS TAX TASK FORCE RESORT AREA COMMITTEE (RAC) March 7, 2006 - 20- Item V-No ADJOURNMENT ITEM # 54992 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:00 P.M. qj~:-H~~:-~'~(;'; Chief Deputy City Clerk Ruth Hodges Smith, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia After ADJOURNMENT, Public Comments relative Non Agenda Items were heard and adjourned 7: 15 P.M. March 7, 2006 - 21 - PUBLIC COMMENTS Non Agenda Items George Pilgrim, 2200 Zia Drive, Phone: 301-3329, spoke re access to LagoMar. There is only one roadway into LagoMar and the Back Bay section. The City Engineer's office advised anticipation re extension of Nimmo Parkway from eastward of Upton to Albuquerque Roadway. However, funds were not identified for the section of roadway that would extend all the way to Atwoodtown. Mr. Pilgrim is concerned re blocked access and requested funds be provided to complete the extension of roadway. The City Manager advised within the next two (2) weeks, the Capital Improvement Program for Roadways will be finalized and information will be provided to City Council. March 7, 2006