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Home My WebLink AboutOCTOBER 03, 2006 MINUTES CITY OF VIRGINIA BEACH A COMMUNITY FOR A LIFETIME CITY COUNCIL MA YOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R "Bill" DESTEPH, At-Large HARRY E. DIEZEL Kempsville - District 2 ROBERT M. "Bob" DYER, Centerville - District I BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN. Beach District 6 RON A. VILLANUEVA, At-Large ROSilMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycnc/@vbgov.com CITY COUNCIL AGENDA CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES SMITH, MMC 03 OCTOBER 2006 I. CITY COUNCIL BRIEFING - Conference Room - 1:00 PM A. SPSA Update Councilman William R. "Bill" DeSteph II. CITY MANAGER'S BRIEFING A. ZONING ORDINANCE AMENDMENT - Use Permits for Bars or Nightclubs William Macali, Deputy City Attorney Karen Lasley, Zoning Administrator III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS A. USE OF FUND BALANCE - Unfunded CIP Requests V. REVIEW OF AGENDA VI. INFORMAL SESSION Conference Room 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VII. FORMAL SESSION Council Chamber 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Oberndorf B. INVOCATION: Reverend J. Douglas Streit Pastor, Commonwealth Community Church C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA D. ELECTRONIC ROLL CALL OF CITY COUNCIL E. CERTIFICATION OF CLOSED SESSION F. MINUTES INFORMAL and FORMAL SESSIONS September 26, 2006 G. AGENDA FOR FORMAL SESSION H. MAYOR'S PRESENT A TION A. RUSSIAN EXCHANGE STUDENTS Liz Tinkham, International Coordinator, ASPECT FOUNDATION I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolution to APPROVE, in principle, the request of Southampton County to use the Lake Gaston Utility Corridor as a greenway or linear park, subject to an Easement Agreement 2. Ordinance to AUTHORIZE the City Manager and the Virginia Beach Development Authority (VBDA) to terminate the Sublease Agreement with Tournament Player's Club (TPC) and acquire the golf course 3. Ordinance to AUTHORIZE additions to a temporary encroachment into City property by ELDON J. and GLADYS T. GRIGGS for a wooden dock with access to same, a boat lift and to maintain an existing fence at 908 Brasileno Court. (DISTRICT 7 - PRINCESS ANNE) 4. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: a. $400,000 from the Department of Justice, Office on Violence Against Women, to the Commonwealth's Attorney's 2006-2007 Budget re prosecution of Domestic Violence cases and increase revenue from the federal government b. $15,000 from the National Park Service to Planning and Community Development's 2006- 2007 Budget re new Elizabeth River Water Trail maps, signs, brochures and a kiosk c. $1,817,793 to various Cost Participation projects to provide necessary funding to complete Nimmo Parkway construction per agreement with Lago Mar Associates K. APPOINTMENTS BUILDING CODE OF APPEALS - New Construction COMMUNITY SERVICES BOARD GREEN RIBBON COMMITTEE HISTORICAL REVIEW BOARD HISTORIC SITES ORGANIZING COMMITTEE INVESTMENT PARTNERSHIP ADVISORY COMMITTEEE - PPEA L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** ******** If you are physically disabled or visually impaired and need assistance at this meeting, please call the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 * * * * * * * * * * * Agenda 10/3/06 st www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 3 October 2006 Mayor Meyera E. Oberndorf called to order the City Manager's update Briefing re SOUTHEASTERN PUBLIC SERVICE AUTHORITY (SPSA) in the City Council Conference Room, City Hall, on Tuesday, October 3,2006, at 1:00 P.M. Council Members Present: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 6:00 P.M.] Rosemary Wilson [Family Vacation] October 3, 2006 - 2 - MA YOR 'SCOMMENTS ITEM # 55635 1 :05 P.M. Mayor Oberndorf and the Members of City Council extended a HAPPY BIRTHDA Y to Councilman James L. Wood (October 3, 2006). October 3,2006 - 3 - CITY COUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY UPDATE ITEM # 55636 Councilman William R. "Bill" DeSteph, Alternate Member - Southeastern Public Service Authority, distributed information re SPSA and the importance of any decisions regarding SPSA. The Southeastern Public Service Authority of Virginia - SPSA was formed under the Virginia Water and Waste Authorities Act, and operates under Articles Of Incorporation adopted on January 24, 1973, and AMENDED on January 15, 1976, and July 15, 1983. Virginia Beach, Chesapeake, Franklin, Norfolk, Portsmouth, Suffolk and the Counties of Isle of Wight and Southampton are all members of SPSA. Each member has equal representation on the SPSA Board of Directors. An attempt was made to change this to a weighted voting Board similar to that of the Hampton Roads Planning District Commission (HRPDe) and base membership on population. Even though members have equal vote; members do not share equal financial responsibilities. The purpose of the Southeastern Public Service Authority ( SPSA) is to acquire, finance, construct, operate and maintain a water system, garbage and trash collection and disposal system pursuant to the Virginia Water and Sewer Authorities Act. All members are obligated under this agreement until January 24, 2018. Information was distributed relative the Southside Mayors and Chairs (Workgroup of the Chief Administrative Officers) and their process to review SPSA 'S proposal to accept out-ol-state waste from Covanta Energy Corporation. SPSA is currently negotiating acceptance of 780,000 tons/year of processable waste from New York City for thirty (30) years. The rate would be around $29 per ton. This waste would be processed displacing about the same amount of municipal waste to the landfill. There is confusion re the Covanta Energy Corporation proposal and whether it could assist or hinder the member jurisdictions as they develop plans to meet their future solid waste disposal obligations. The Chief Administrative Officers within the Southside Mayors and Chairs Regional Task Force has been charged with bringing clarity to the Covanta proposal. The Chief Administrative Officers formed a workgroup composed of two (2) representatives from each of the member jurisdictions to examine the proposal. Councilman DeSteph emphasized their purpose: Reviewing and understanding the data associated with the Covanta proposal to determine under what circumstances it could help solve SPSA 's short and long term financial problems Understanding the impacts to the member jurisdictions with and without a Covanta contract Understanding the risks associated with the Covanta proposal The technical workgroup (TWG) met with the Chief Administrative Officers on Thursday, September 28, 2006 and developed a schedule spanning a 2.5 week time frame. The workgroup will present their report to the Chief Administrative Officers on Monday, October 16, 2006, and then present their final report to the Southside Mayors and Chairs on Wednesday, October 18, 2006. SPSA will vote re the proposed Covanta term sheet at its Board Meeting on October 25, 2006. October 3, 2006 - 4 - CITY COUNCIL BRIEFING SOUTHEASTERN PUBLIC SERVICE AUTHORITY UPDATE ITEM # 55636 (Continued) Councilman DeSteph distributed a list of sixty (60) questions the member jurisdictions were requested to submit for the response by the Technical Workgroup. Said questions are hereby made a part of the record. Councilman DeSteph 's questions are included. His main concern was whether this proposal may be accepted or rejected, SPSA must explain to the citizens their tax dollars are going to enhance a facility in which none of their waste will be handled. The City Manager had distributed a list of alternatives. Councilman DeSteph advised review of the alternatives which could cost or save over a Billion Dollars in the next thirty (30) years. Councilman DeSteph requested, after review, City Council e-mail any additional questions to either him or the City Manager. Michael Barrett, Voting Member - Southeastern Public Service Authority (SPSA) advised the other cities are paying $57.00 per ton (tipping fees). The cost to Virginia Beach has been $53.20 weighted average and capped at $53.88. Suffolk does not have to pay a tipping fee because of hosting the land fill. Between now and January 24, 2018, some capital investment will be required as the Bond Holders require SPSA keep the plant maintained according to regulatory standards. Although Virginia Beach's contract expires with SPSA on January 24, 2018, the City's participation on the Board and the entity itself does not expire and could continue if the waste-to-energy plant is a going concern. SPSA could continue to operate this plan, so Virginia Beach would not have to pay back the debt on this plant. A going concern has more value than a facility which is inoperable. If Covanta assists with the payment of this debt, this assists Virginia Beach. The City Manager further advised the Covanta Energy Corporation proposal is one offour (4) companies in New York attempting to process waste in our Region. The City of New York must decide who receives the contract. Portsmouth must also approve whether or not they wish to enter into this contract and then SPSA must vote. New York will make their decision in November. Mr. Barrett advised Mount Trashmore II is no longer used for the deposit of ash from the waste-to- energy plant. The Department of Environmental Quality has allowed SPSA to utilize this ash as the daily cover of their trash at the Regional Landfill. Information shall be provided relative the capacity remaining in the City's landfill, opportunities for increasing capacity and the length of time this capacity would last after January 24, 2018. Information relative upgrading of the waste-to-energy plant shall also be provided. Mr. Barrett advised it is a matter of balancing the fiscal benefit, approximately $10-MILLION a year to SPSA, which would then be reflected in less fees to the municipalities against the other issues. SPSA has not made a decision. The Mayors and City Managers involvement is welcomed. October 3, 2006 - 5 - C IT Y MANA G E R 'S B R IE FIN G ZONING ORDINANCE AMENDMENT - Use Permits for Bars or Nightclubs 1:38 P.M. ITEM # 55637 The City Manager referenced the City Zoning Ordinance [CZO] re Bars and Nightclubs scheduled for the City Council Session of October 10, 2006. Ordinance to AMEND Sections 111,233.1, 701,901,1001,1501,1511 and 1521 re the City Zoning Ordinance, defining the terms "Alcoholic Beverage" and "Bar" or "Nightclub ", requiring conditional use permits for Bars or Nightclubs and establishing other regulations pertaining to Bars or Nightclubs in the H-1, B-1, B-2, B-3, B-3A, B-4, B-4C, B-4K, 1-1, 1-2, RT-1, RT-2 AND RT-3 Zoning Districts The City Manager and City Attorney suggest that further adjustments be made to this Ordinance and it be referred back to the Planning Commission. The City Manager introduced Deputy City Attorney William Macali to provide information relative this Ordinance. Deputy City Attorney Macali summarized the Ordinance approved by the Planning Commission: Defines the terms "alcoholic beverage" and "bar" or "nightclub" Requires conditional use permits for bars and nightclubs in the following zoning districts (and prohibits them elsewhere): · H-1 Hotel; . B-2, B-3, B-3A, B-4, B-4C & B-4K Business; . 1-1 & 1-2 Industrial; and . RT-1, RT-2 and RT-3 Resort Tourist Allows existing establishments that fall within the new definition of "bar or nightclub" to be enlarged, extended, remodeled, etc. without a use permit ONE TIME under certain conditions. Retains the same conditions of the use permit that are now in the CZO: Category VI landscaping if adjacent to Residential or Apartment Zoning District; No excessive traffic, noise, overflow parking, litter; No loitering; Any other reasonable conditions City Council deems appropriate The single most important element of the proposed ordinance is the definition of "bar" or "nightclub" October 3, 2006 - 6 - C IT Y MANA G E R 'S B R IE FIN G ZONING ORDINANCE AMENDMENT - Use Permits for Bars or Nightclubs ITEM # 55637 (Continued) Deputy City Attorney Macali advised the present Ordinance states: A "bar" or "nightclub" is a restaurant that serves alcohol and excludes persons on the basis of age (e.g., persons < 21 years old) at any time. This allows an establishment to avoid needing a Conditional Use Permit (CUP) simply by allowing persons under the legal drinking age to enter. Under the proposed Ordinance, a "bar" or "nightclub" is an eating and drinking establishment (restaurant) that has an "occupant load density" of less than 1 0 square feet person and serves alcoholic beverages at any time between Midnight and 6 a.m., except as part of a wedding, banquet or similar function not open to the general public. "Occupant load density" is essentially a measure of how crowded an establishment can be at maximum occupancy, expressed in square feet of net floor space per person. Calculation of occupant load: _ Seating areas (tables and chairs): 1 person per 15 square feet _ Standing floor space: 1 person per 5 square feet (now 7 per recent Code change) - Chairs only: 1 person per 7 square feet Deputy City Attorney Macali cited examples of a calculation of occupant load*: 1. An establishment has 5,000 square feet of public area, of which 3,000 square feet. is occupied by tables and chairs, 500 square feet is for chairs only, and the remaining 1,500 square feet. is standing space 3,000 -:- 15 = 200 people 500 -:- 7 71.4 people 1,500 -:- 5 = 300 people Occupant load density = 5,000 (bar/nightclub) 571.4, or 8.75 square feet per person 2: The same establishment decides to reduce the size of the standing space from 1,500 square feet. to 500 square feet and put tables and chairs in the other 1,000 square feet 4,000 -:- 15 = 266.67 people 500 -:- 7 = 71.4 people 500 -:- 5 = 100 people Occupant Load Density = 5,000 -:- 438.07, or 11.40 square feet per person (restaurant) October 3, 2006 - 7 - C IT Y MANA G E R 'S B R IE FIN G ZONING ORDINANCE AMENDMENT - Use Permits for Bars or Nightclubs ITEM # 55637 (Continued) An existing establishment that fits within the definition of "bar" or" nightclub" as of the date of adoption of the new ordinance may be enlarged, structurally altered, etc. ONE TIME without City Council approval IF AND ONLY IF the following conditions are met: 1. No previous violations of the Conditional Use Permit (CUP) (if it has one) 2. Has not been previously expanded since new ordinance was adopted 3. Not in an Accident Potential Zone (APZ) (with minor exceptions) 4. No increase in net occupant load The "no net occupant load increase" rule can NEVER result in an establishment being more crowded at maximum occupancy The rule encourages existing bars to become more restaurant-like, i.e., less standing and more tables and chairs Under this provision, if a bar or nightclub expands, is structurally altered, etcetra, it will thereafter be subject to the all of the conditions in the City Zoning Ordinance (CZO) that apply to bars and nightclubs even thou~h it does not have a Conditional Use Permit (CUP). The ordinance does not (and may not) regulate matters within the purview of the State ABC regulations. They include (without limitation): 1. Hours at which alcohol may be served; 2. How or to whom alcohol is served 3. Construction, illumination and arrangement of interior areas; 4. Conduct of patrons and employees while in the establishment; 5. Ownership and transfer of license or establishment The Planning Commission conducted a Public Hearing on September 13, 2006. No one appeared in opposition to the Ordinance and the Planning Commission, by unanimous vote, recommended approval of the ordinance. The threshold of ten (10) square feet per person in the definition was the best estimate Staff could make during this process. However, since the Planning Commission meeting in September, questions as to whether it is the right number have arisen. It could well be that an establishment can be laid out so as to notfall within the definition (and therefore not need a Conditional Use Permit (CUP) but still have all of the characteristics of a bar or nightclub that are normally associated with the use. Many localities (including some within Hampton Roads) have definitions that are more inclusive than that in the proposed ordinance. The proposed ordinance regulates bars and nightclubs (as defined in the ordinance) but does not require a Conditional Use Permit (CUP) for every establishment that serves alcoholic beverages. A Conditonal Use Permit (CUP) is required ONLY if there will be 10 square feet. per person AND alcoholic beverages are served after midnight. October 3, 2006 - 8 - C IT Y MANA G E R 'S B R IE FIN G ZONING ORDINANCE AMENDMENT - Use Permits for Bars or Nightclubs ITEM # 55637 (Continued) City Council should consider changing: 1. The threshold of ten (10) square feet per person (to increase number of square footage); or 2. "AND" to "OR" in the definition (i.e., require a CUP if either the old. threshold is met or alcohol is served after midnight; or 3. Both of the above The Police Department has also requested that staff consider a number of additional provisions designed to enhance the public safety aspect of bars & nightclubs. - use of private security - parking lot illumination/cameras - noise levels _ special regulations for live musiclDJs/dance floors _ application of teen club/dance hall ordinance provisions Deputy City Attorney Macali cited the staff recommendation: These potential changes (in the definition or the added "public safety" measures) should be explored further in order to determine which particular measures should be incorporated into the proposed ordinance and how they should be incorporated (e.g., in City Zoning Ordinance (CZO) or as standalone ordinance). If City Council concurs, the City Council action now scheduled for October 10, 2006, will need to be DEFERRED. Council should also refer the revised ordinance back to the Planning Commission for review, in which event the new ordinance could come back to City Council in early December. Many localities throughout the United States have definitions more inclusive than the one in the proposed ordinance and, in fact, regulate more comprehensively than the City's ordinance. Norfolk and Portsmouth require a Conditional Use Permit for any establishment serving alcoholic beverages. Alexandria's ordinance is similar. Chesapeake's ordinance only requires a Conditional Use Permit when the establishment serves alcoholic beverages and is adjacent to a residential district, school or day care. The General Assembly passed a statue stating City Council could not require conditions of a Conditional Use Permit increasing the cost to build a facility in excess of basic building code requirements. In a Conditional Use Permit, City Council always has the authority to institute additional conditions as needed. By State Law, any violation of the City Zoning Ordinance is appealable to the Board of Zoning Appeals. The revocation of a Conditional Use Permit involves the same procedure as the granting of a Conditional Use Permit. The Restaurant Association concurred with the Ordinance approved by the Planning Commission and they were very much involved with discussion. October 3,2006 - 9 - CITY MANA GER 'S BRIEFING ZONING ORDINANCE AMENDMENT - Use Permits for Bars or Nightclubs ITEM # 55637 (Continued) The City Staff will also review the utilization of admission fees and review the after midnight provision for serving alcohol as certain restaurants (i.e. Outback, Bennigan's, may still serve alcohol after midnight) and thus require a Conditional Use Permit. The volume of Conditional Use Permits might be more than anticipated by staff. The City Manager and City Attorney shall work with the Planning Commission, and their committee, the Police Department and Fire Marshall to formulate an Ordinance that will address the issues. October 3,2006 - 10- CITY COUNCIL LIAISON REPORTS ITEM # 55638 Mayor Oberndorf and Councilman Wood, Liaisons to the SANDLER CENTER FOR THE PERFORMING ARTS, distributed their report, which is hereby made a part of the record. Present Status November 1, 2004: Notice to Proceed was issued to Clancy and Theys Construction Company January 2005: Formed Capital Campaign/Non-Profit Foundation Steering Committee January 2005: Developed Campaign Plan, timeline, roles and responsibilities of members April 1, 2005: Issued RFP for Programming and/or Management June 2005: Non-Profit Foundation awarded tax exempt status by Internal Revenue Service Summer 2005: Demolition of Pavilion theatre December 5, 2005: City Council Briefing on final interior design and plaza design details February 21, 2006: Council Briefing on Management Company - Council continues negotiations with Global Spectrum. August 8, 2006 - Council Briefing and Execution of Management Pre-Opening Services Contract October 2006 - Capital Campaign: Over 70% raised to date October 2006 - General Manager Position Interviews Ongoing: Solicitation of Prospects by Campaign Steering Committee and Honorary Advisory Committee. Ongoing - The Advisory Committee work in facility usage and public awareness Construction Activity Highlights All slab-on-decks are in-lace less stair towers CMU west exterior walls are ~ 90% complete Installation of rough-in waste/vent piping are ~ 90% complete Installation of rough-in HVAC ductwork ~ 65% complete Roof installation in progress Brick installation in progress Direction given to backlight far;ade signage Direction given to provide beverage and pre-packaged concessions 40% Construction complete October 3,2006 - 11 - CITY COUNCIL LIAISON REPORTS ITEM # 55638 (Continued) THE SANDLER CENTER FOR THE PERFORMING ARTS Near-Future Actions October 23, 2006 - Advisory Committee Meeting November 21, 2006 - City Council Hat Tour Winter 2007 - Management Post-Opening Services Contract Execution October 2007 - Opening of new Center Unresolved Issues/Issues Under Study Construction schedule regarding Studio 56 Lofts October 3,2006 - 12 - CITY COUNCIL COMMENTS 2:50 P.M. ITEM # 55639 Council Lady Henley advised she spoke during City Council's Retreat relative the Agricultural Industry and wanted to make certain all City Council members were informed relative this business area. The Farm Bureau and the Agricultural Community would like to invite the City Council to meet at City Hall, then tour the community and ask all of their questions re agriculture. Wednesday, October 25, 2006, from 9:00 to 3:00 P.M. was suggested. Lunch would be provided. Council Lady Henley requested Council Members advise of any particular operations which they might wish to see and provide any questions to be answered. Council Lady Henley suggested October 25, 2006, but understands SPSA also meets on this date. Attempts were made to get a time, without any conflicts but were unsuccessful. Mayor Oberndorf advised unfortunately she would be out of the Country on City Business, but requested a tour. Councilman Uhrin could not participate for the entire time, but would like to attend. Council Lady Henley requested the City Clerk's office to poll City Council and ascertain their attendance (if available on that particular date, and the length of time could expend for the tour). ITEM # 55640 Mayor Oberndorf, Vice Mayor Jones, Councilman Dyer and Councilman Wood participated in the tour of Back Bay, which was phenomenal. Mayor Oberndorf said the Back Bay Society was gracious with their informative briefing and provision of maps. Mayor Oberndorf complimented the beautiful hunting dog, a Golden Retriever named "Maggie". ITEM # 55641 Relative the Use of Fund Balance, Unfunded Capital Improvement Program Requests, Vice Mayor Jones prepared a starting point for discussions, incorporating the thoughts provided by City staff on potential uses of the funding balance. Vice Mayor Jones distributed his priorities re Use of Fund Balance which is hereby made a part of the record. Reviewing the ranking sheet, the projects on the first two (2) pages represent roughly the top third of the projects ranked. In reviewing these, several are related to Shore Drive including the Number One ranked project. Vice Mayor Jones proposed treating all of these projects as a single item. Correspondence from the Bike and Trails Advisory Commission, revising their project scope and cost, has also been received. Vice Mayor Jones recommended consideration of that as well. Vice Mayor Jones requested City Council comments. October 3, 2006 - 13 - CITYCOUNCIL COMMENTS ITEM # 55641 (Continued) PROJECTS Fund Balance Use Shore Drive Corridor Improvements - Phases II, III and IV design, land $ 2.5-MILLION acquisition and private utility relocation. This does not include construction Bayside Community Center - design only $ 0.8-MILLION Constitution Drive Extended - 35% design, the cost to be split 50/50 with $ 0.32-MILLION the developer (only city portion reflected) Fire and Rescue Station Chesapeake Beach - site acquisition and design $ 2.3-MILLION only Town Center Pedestrian BridJ!e - desizn only, this fundinJ! is in addition $ 0.2-MILLION Norfolk and Southern right-ofway acquisition - Reallocate $IO-MILLION State BRT (Bus Rapid in BRT fundinJ! from the State Transit) Funds Congestion Relief/Safety Improvement Program - Public Works $ 2. I-MILLION prioritized list of road/intersection improvements: $1.05-MILLIONfor left turn lanefrom southbound South Independence Boulevard onto eastbound Lynnhaven Parkway $1.05-MILLION for right turn lanefrom eastbound Buckner Boulevard to southbound South Rosemont Road $1. 95-MILLION for right turn lane from southbound Holland Road onto westbound Dam Neck Road $1. 95-MILLIONfor left turn lanefrom westbound Providence Road onto southbound Edwin Drive (Funding provided is for first two (2) projects on the list) Storm Water Maintenance Backlog - Pending audit of end of year funding Fund with Enterprise Fund from Storm Water Enterprise Fund and Public Works review of the impact of Ernesto on the storm water infrastructure Southeastern Parkway and Greenbelt - Continue current policy of Continue with site acquiring properties in the right-of way that are threatened by development acquisition strategy until state funding and EIS issues are resolved Wesleyan Drive -Public Works appears to have reached an agreement with Funded Norfolk to jointly construct this project using highway funding. No additional{undinJ! is needed Pavement Maintenance Program - this would allow some improvement to $ 1.0-MILLION repaving efforts in light of rising prices City Bikeways and Trails Plan - Fund according to new recommendations $ 0.075-MILLION from the Bikeway and Trails Commission and direct staff to provide an annual appropriation in the CIP as pay-as-you-go funding allows. This was a high priority with citizens during budget hearings last Spring Parks and Playground Equipment - this will provide the second $ 1. 26-MILLION installment of replacing the playground equipment removed due to federal regulations last year Replenishment of the Various Site Acquisition Project - provide additional $ 5.5-MILLION funding for strategic land purchases authorized by City Council Unfunded Retiree Health Care Liabilities - require Public Utilities and $ 4.4-MILLION Storm Water Enterprise Funds to cover their proportionate share ($282,000 and $47,000 respectivelv). This is the first installment TOTAL FUND BALANCE USED: $ 20.5-MILLION Fund Balance Policy (8%-12% of next years revenues) After this is: 10.7% October 3,2006 - 14 - CITYCOUNCIL COMMENTS ITEM # 55641 (Continued) In examining the City Council ranking for the entire list, there appears to be four (4) major areas of concern: transportation; drainage; facility needs (Maintenance, new and replacement) and, obliviously, taxes. Council Lady McClanan advised there is not a City Policy to address the damage residents receive from flooding (not covered by flood insurance). Council Lady McClanan advised a number of citizens would be speaking under the Public Comment Session "Open Mike" re flooding problems as a result of Ernesto. Vice Mayor Jones advised this has been addressed to a certain extent under Storm Water Maintenance Backlog. Mayor Oberndorf advised residents of Rosemont Forest have correspondence from City staff stating the developer built the homes one foot lower than depicted in site plans. The Lake Trant residents will also appear during the Public Comment Session. Council Lady Henley advised re Congestion Relief/Safety Improvement Program, she would place all the funding on relief of traffic congestion and safety as a major factor. There have been four (4) traffic deaths since last Tuesday. Rural roads are on the CIP list at $200,000, and $100,000 for each of the following years. Improvements to Princess Anne, Indian River and Seaboard Roads must be addressed. Curves, improvements to intersections could be improved. The staff needs to review locations of accidents and safety improvements. Councilman Wood advised all Shore Drive safety improvements need to be funded. The City Manager believes there is hope the Southeastern Parkway may be funded in the future. Road Maintenancefunding is also being lost through the Virginia Department of Transportation [VDOTj. Council Lady McClanan and Councilman Dyer suggested tax relief Vice Mayor Jones believes this should be considered during the budgetary process. Council Lady McClanan requested a list of intersections and highways with the highest number of accidents. Vice Mayor Jones advised, after review, please communicate concerns to the City Manager and Vice Mayor for further discussion. October 3, 2006 - 15 - REVIEW OFAGENDA ITEMS 3:40 P.M. ITEM # 55642 Ordinance to AUTHORIZE the City Manager and the Virginia Beach Development Authority (VBDA) to terminate the Sublease Agreement with Tournament Player's Club (TPC) and acquire the golf course The City Attorney distributed a Revised Exhibit A "Summary of Terms". The Purchase Price is $4,540,265.20 ITEM # 55643 BY CONSENSUS, thefollowing shall compose the CONSENT AGENDA: J RESOLUTIONS/ORDINANCES 1. Resolution to APPROVE, in principle, the request of Southampton County to use the Lake Gaston Utility Corridor as a green way or linear park, subject to an Easement Agreement 2. Ordinance to A UTHORIZE the City Manager and the Virginia Beach Development Authority (VBDA) to terminate the Sublease Agreement with Tournament Player's Club (TPC) and acquire the golf course 3. Ordinance to AUTHORIZE additions to a temporary encroachment into City property by ELDON J. and GLADYS T. GRIGGS for a wooden dock with access to same, a boat lift and to maintain an existingfence at 908 Brasileno Court. (DISTRICT 7 - PRINCESS ANNE) 4. Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: a. $400,000from the Department of Justice, Office on Violence Against Women, to the Commonwealth's Attorney's 2006-2007 Budget re prosecution of Domestic Violence cases and increase revenue from the federal government b. $15,000 from the National Park Service to Planning and Community Development's 2006-2007 Budget re new Elizabeth River Water Trail maps, signs, brochures and a kiosk c. $1,817,793 to various Cost Participation projects to provide necessary funding to complete Nimmo Parkway construction per agreement with Lago Mar Associates ITEM # 55644 Council Lady Henley referenced the Public Comment Session and the conclusion of the trial period. This item shall be discussed concerning televising this Public Comment Session and strict enforcement of the 3-minute speaking time limit. October 3,2006 - 16 - ITEM # 55645 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (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)(J) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies 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 of Property: Lynnhaven House Agricultural Reserve Program: Princess Anne District Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (4:00 P.M.). Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, ,Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel [Entered Formal Session: 6:00 P.M.] Rosemary Wilson [Family Vacation) (Closed Session: 4:00 P.M. - 4:40 P.M.) (Dinner: 5:30 P.M. -6:00 P.M.) October 3,2006 - 17 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL October 3, 2006 6:00 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, October 3, 2006 at 6:00 P.M. Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. OberndorJ, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Absent: Rosemary Wilson [Family Vacation] INVOCATION: Reverend J. Douglas Streit Pastor, Commonwealth Community Church PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA October 3,2006 - 18 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55646 Upon motion by Councilman Dyer seconded by Councilman Wood, City Council CERTIFIED THE CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS. Only public business matters lawfully exemptfrom 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: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Abstaining: Harry E. Diezel Council Members Absent: Rosemary Wilson Councilman Diezel ABSTAINED as he was not in attendance during the Closed Session. October 3, 2006 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREA.5: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55645, Page 16, and in accordance with the provisions of The Virginia Freedom of Information A~ and, WHEREA.5: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOW; THEREFORE, BE IT RESOL VE]). 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. ~ uth Hodges Smith, MMC City Clerk October 3, 2006 - 19- Item V-F.1. MINUTES ITEM # 55647 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED Minutes of the INFORMAL and FORMAL SESSIONS of September 26,2006. Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin and Ron A. Villanueva Council Members Voting Nay: None Council Members Abstaining: James 1. Wood Council Members Absent: Rosemary Wilson Councilman Wood ABSTAINED, as he was not in attendance (due to illness) during the Formal City Council Session of September 26, 2006. October 3,2006 - 20- Item V-G. ADOPT AGENDA FOR FORMAL SESSION ITEM #55648 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION October 3, 2006 - 21 - Item V-H.1. MAYOR'S PRESENTATION ITEM #55649 RUSSIAN EXCHANGE STUDENTS Liz Tinkham, International Coordinator, ASPECT FOUNDATION, and Manager of exchange student program. Mrs. Tinkham presented her four FLEX STUDENTS from Russia who each advised of their community service projects. M arinia (16 years old) Yuliya G (17 years old) Yuliya N (16 years old) Aleksey (16 years old) Mrs. Tinkham advised the purpose of the scholarship students required activities is to promote democratic principals, community and civic responsibility, cerate understanding of the law, promote volunteers, show that one individual can make a difference and show students American culture and diversity. Mayor Oberndorfpresented each student with a giftfrom the City of Virginia Beach. October 3,2006 - 22- Item v'J. RESOLUTIONS/ORDINANCES ITEM #55650 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Item 1, 2 (Revised Exhibit A), 3 and 4a/b/c of the CONSENT AGENDA. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson October 3,2006 - 23 - Item v'J.1. RESOLUTIONS/ORDINANCES ITEM #55651 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to APPROVE, in principle, the request of Southampton County to use the Lake Gaston Utility Corridor as a greenway or linear park, subject to an Easement Agreement Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson October 3,2006 1 2 3 4 5 A RESOLUTION APPROVING IN PRINCIPLE THE USE OF THE LAKE GASTON UTILITY CORRIDOR IN SOUTHAMPTON COUNTY AS A GREENWAY OR LINEAR PARK 6 WHEREAS, the City of Virginia Beach owns 328.733 acres of 7 real property in Southampton County, Virginia, acquired by 8 quitclaim deed dated May I, 1989 from the Norfolk and Western 9 Railway, and recorded in the Clerk's Office of the Circui t 10 Court of Southampton County, Virginia in Deed Book 326, at page 11 827; and 12 WHEREAS, the aforesaid real property comprises the former 13 main line of the Virginian Railway commencing at the county line 14 between Southampton County and Sussex County, thence running 15 eastwardly along the former main track a distance of 16 approximately 22 miles to the county line between Southampton 17 County and Isle of Wight County at the Blackwater River; and 18 WHEREAS, following a public hearing on September 28, 1987, 19 the Southampton County Board of Supervisors, upon recommendation 20 of the Southampton County Planning Commission, found that the 21 City of Virginia Beach's plans to utilize the aforesaid property 22 as a utility corridor were in substantial accordance with its 23 adopted Comprehensive Plan and, further, provided its required 24 local consent to the City of Virginia Beach to proceed in 25 developing the Lake Gaston Water Supply Project; and 26 WHEREAS, the aforesaid real property presently functions as 27 the utility corridor for the Lake Gaston Water Supply Project, 28 an underground pipeline providing up to 60 million gallons of 29 water per day for citizens of southeastern Virginia from Lake 30 Gaston in Brunswick County to a point of discharge in Isle of 31 Wight County; and 32 WHEREAS, the length, shape and topography of the aforesaid 33 real property is particularly well suited for use by 34 pedestrians, equestrians, and cyclists as a greenway or linear 35 park; and 36 WHEREAS, the Southampton County Board of Supervisors, by 37 resolution adopted at its regular session on October 24, 2005, 38 directed its Chairman to petition the City of Virginia Beach, 39 Virginia for authority to utilize the aforesaid real property as 40 a greenway or linear park. 41 NOW, THEREFORE, BE IT RESOLVED by the City Council of the 42 City of Virginia Beach, virginia: 43 That the City Council hereby approves in principle the use 44 of the aforesaid real property in Southampton County, Virginia 45 as a greenway or linear park, subject to final approval of an 46 easement and agreement between the parties. 47 48 Adopted by the City Council of the City Council of Virginia 49 Beach, Virginia on this 3rd day of October ' 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~p~~:2c~e~ ci!~/!IoL~~ CA-I0145 OID\ordres\southamptonres.doc R-l September 22, 2006 26022 Administration Ctr. Dr. P.O. Box 400 Courtland, Virginia 23837 7 The Honorable Meyera E. Obemdort: Mayor City of Virginia Beach 2401 Courthouse Drive City Hall, Building # 1 Virginia Beach, Virginia 23456 , 2005 RE: Lake Gaston Pipeline Dear Mayor Obemdorf: In regular session on October 24, by unanimous resolution, the Board of Supervisors directed me to officially petition the City of Virginia Beach for authorization to establish a longitudinal park along that certain portion of the Lake Gaston pipeline right-of-way in Southampton County. We envision that the park would be made available to the general public for a number of recreational pursuits, including hi . . estrian activities. While I recognize that there are a myriad of details that would have to be consider resolved in due course, the purpose of this letter is simply to detennine if the City of Virginia Beach has any interest in allowing its real prope to be utilized fo . recreation. I understand that Mr. Tom Leahy has been apprised of our interest and that he is prepared to assemble a briefing for your City Council's consideration. If you believe it would be helpful, our County Administrator, Michael Johnson, would be pleased to make himself available to further discuss this matter with city staff and/or the City Council. Mr. Johnson may be contacted directly at 757-653-3007. Thank you in advance for your thoughtful consideration and I look forward to hearing back ---, from you soon. fro" ~ @ ~ U ~l ~ \-' With kind personal regards, I remain \ \ ,~)\ r l nJ\ . ; I .. \J .; ; I ~ I NOV - 8 2005 I, ~ .:,,~SJ=-JlQ~~~ Sincerely : 0 ,..,\ \ . J . 1(;>" A ~'\ ~' ~\ I'.'_h'__-'-- A~~;) ~ "\~r~ . O~:~-i~[- OF THE em MANAGER r?,\ 6~Cfr~.5 j'~~ Dallas O. Jones, ~ . -"cr!-~"',!:'"c:'.Il_- \""i" 1'\\BUC.\l:~\_n~s. .,r) Board of Supervisors \'\ \1\\\FC(OR ~ Or, let. /:';,/ ':;~).!. :Yl.\ti:;S/ <:;:it:y <:>f V--1rg:in:ia. Bea.ch VBgov.com MEYERAE.OBERNDORF MAYOR MUNICIPAl CENTER BUIlDING 1 2401 COlmHOUSE DRIVE VIRGINIA BEACH. VA 23456-9000 (757)-426-4581 FAA (757) 427-5899 MOIlERNDOfllVBGOV.COM December 5, 2005 Mr. Dallas O. Jones, Chainnan Southampton County Board of Supervisors P. O. Box 400 Courtland, VA 23837 Subject: Lake Gaston Pipeline Right-Of-Way Dear Chairman Jones: Thank you for your letter dated October 31, 2005 requesting authorization to establish a longitudinal park along the Lake Gaston pipeline right-of-way in Southampton County. I will be happy to present a resolution to the City Council of Virginia Beach that indicates our desire to cooperate with Southampton County in this endeavor. By copy of this letter to the City Manager and his staff, I will ask them to prepare a briefmg and resolution for City Council. If your County Administrator or his staffhas any information they would like to have incorporated into that briefing, please ask them to forward the material to Thomas Leahy, Director of Public Utilities, 2405 Courthouse Drive, Virginia Beach, VA 23456; e-mail: tleahy@vbgov.com. Wishing you and yours a safe and happy holiday season. Sincerely, ~~ Meyera E. Oberndorf Mayor /cp c: Louis R. Jones, Vice-Mayor James K. Spore, City Manager Charles W. Meyer, Chief Operating Officer Les L. Lilley, City Attorney William M. Macali, Deputy City Attorney Thomas M. Leahy, Director of Public Utilities - 24- Item V. J. 2. RESOLUTIONS/ORDINANCES ITEM #55652 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance with EXHIBIT A REVISED: Ordinance to AUTHORIZE the City Manager and the Virginia Beach Development Authority (VBDA) to terminate the Sublease Agreement with Tournament Player's Club (TPC) and acquire the golf course Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James 1. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson October 3, 2006 1 2 3 4 5 6 7 8 9 AN ORDINANCE APPROVING AND AUTHORIZING THE ACQUISITION FROM TPC OF VIRGINIA BEACH, L.L.C. OF THE GOLF FACILITY LOCATED ON PRINCESS ANNE ROAD AND KNOWN AS THE TPC GOLF COURSE IN THE CITY OF VIRGINIA BEACH, VIRGINIA WHEREAS, by Ground Lease dated as of October 8, 1997, 10 between the City of Virginia Beach (the "City") and the City of 11 Virginia Beach Development Authority ("VBDA"), a Memorandum of 12 which is recorded in the Clerk's Office of the Circuit Court of the 13 City of Virginia Beach, Virginia in Deed Book 3799, page 626, the 14 VBDA leases from the City approximately 500 acres of real property 15 (the "Property") located on Princess Anne Road in the City of 16 Virginia Beach, Virginia; 17 WHEREAS, by Sublease Agreement dated as of October 8, 1997 (as 18 amended, the "Sublease"), between VBDA and TPC of Virginia Beach, 19 L. L. C., a Virginia limited liability company ("TPC"), a Memorandum 20 of which is recorded in the aforesaid Clerk's Office in Deed Book 21 3799, at page 631, VBDA subleases a portion of the Property to TPC; 22 WHEREAS, pursuant to the Sublease and that certain Development 23 Agreement dated as of October 8, 1997, between VBDA and TPC, TPC 24 has constructed a Tournament Players Club golf course, clubhouse 25 and related amenities (the "Facility") upon approximately 254 acres 26 of the Property and is presently operating the facility as the 27 Tournament Players Club of Virginia Beach pursuant to the terms of 28 a license between TPC and the PGA TOUR; 29 WHEREAS, the City Council desires that the VBDA enter 30 into a Termination of Sublease Agreement and other agreements 31 necessary to terminate TPC's interest in the sublease and acquire 32 the Facility; and 33 WHEREAS, funding for the purchase of the Facility and 34 termination of the Sublease interest is included in CIP 3-368 35 (Various Site Acquisition) adopted by the City Council on May 10, 36 2006. 37 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 38 OF VIRGINIA BEACH, VIRGINIA, 39 1. That the City Council authorizes (i) the 40 termination of the Sublease Agreement dated as of October 8, 1997 41 (as amended, the "Sublease") between the TPC of Virginia Beach, 42 L.L.C. ("TPC") and the City of Virginia Beach Development Authority 43 ("VBDA"), and (ii) the acquisition by the VBDA of the Tournament 44 Players Club golf course, clubhouse and related amenities (the 45 "Facility") located upon approximately 254 acres of property on 46 Princess Anne Road in the City of Virginia Beach, Virginia, from 47 TPC, all in accordance with the terms contained in the Summary of 48 Terms attached hereto as Exhibit A. 49 2. That the City Council requests and recommends that 50 the Authority adopt a Resolution (i) authorizing the termination of 51 the Sublease and the acquisition of the Facility from TPC in 52 accordance with the terms contained in the Summary of Terms 53 attached hereto as Exhibit A, (ii) authorizing the City Manager and 54 the City Attorney, on behalf of the Authority, to proceed with the 55 development of the documents necessary for such termination and 56 acquisition, and (iii) authorizing execution of such documents, 57 provided such documents are acceptable to the City Manager and the 58 City Attorney. 59 Adopted by the Council of the City of Virginia Beach, 60 Virginia, on the 3rd day of October , 2006. CA-10008 September 19, 2006 R-2 V ,\applications\citylawprod\cycom32\ Wpdocs\DO 13\POO 1 \00020343 .DOC t.w~ APPROVED AS TO LEGAL SUF CIENCY: APPROVED AS TO AVAILABILITY OF FUNDS: Jj~Q.B Department Services nagement EXHIBIT A SUMMARY OF TERMS Purchase Price: $4/540/265.20 Installment: Initial installment of $4/415/265.20 to be paid to RBC Centura Bank on or before October 15/ 2006/ to be credited against the Purchase Price. Balance of Purchase Price ($125/000) to be paid to TPC upon Closing Date. Closing Date: December 31/ 2006 Assets to be Acquired: Sub-Leasehold interest All buildings, structures and other improvements located on the Property, including clubhouse, maintenance facility, golf course, driving range and practice areas, etc. Tangible personal property located on or used in the operation, maintenance, repair or ownership of the Property Intangible personal property appurtenant to the ownership and use of the Property as a golf facility Security Deposit: $100/000 security deposit under Sublease to be retained by VBDA. Rent Abatement: Sublease rent to be abated for the months of October, November and December, 2006 - 25- Item v'J.3. RESOLUTIONS/ORDINANCES ITEM #55653 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Ordinance to AUTHORIZE additions to a temporary encroachment into City property by ELDON J. and GLADYS T. GRIGGS for a wooden dock with access to same, a boat lift and to maintain an existingfence at 908 Brasileno Court. (DISTRICT 7 - PRINCESS ANNE) The following conditions shall be required: 1. The Temporary Encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval. 2. The Temporary Encroachment herein authorized terminates upon notice by the City to the applicant, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the applicant; and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the Temporary Encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing work in the Encroachment Area. 7. The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional insured or loss payee, as applicable. The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. October 3,2006 - 26- Item v'J.3. RESOLUTIONS/ORDINANCES ITEM #55653 (Continued) 8. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-ol-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were occupied by the applicant; and if such removal shall not be made within the time ordered herein above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James 1. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson October 3, 2006 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORI ZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF AN EXISTING 100' 6 CITY DRAINAGE EASEMENT 7 LOCATED ADJACENT TO 908 8 BRASILENO COURT BY PROPERTY 9 OWNERS ELDON L. GRIGGS AND 10 GLADYS T. GRIGGS 11 12 WHEREAS, on September 13, 2005, Eldon L. Griggs and Gladys 13 T. Griggs (UMr. and Mrs. Griggs") did receive approval from the 14 City to construct a bulkhead wi thin a portion of an existing 15 City 100' drainage easement (the uBulkhead Encroachment") 16 located adjacent to their property at 908 Brasileno Court, 17 Virginia Beach, Virginia 23456. 18 WHEREAS, Mr. and Mrs. Griggs entered into an Agreement with 19 the City regarding the Bulkhead Encroachment and the said 20 Agreement was recorded on September 29, 2005 as Instrument # 21 200509290158847 in the Office of the Clerk of the Circuit Court 22 of the City of Virginia Beach, Virginia. 23 WHEREAS, Mr. and Mrs. Griggs now desire to construct and 24 maintain a wooden dock and boat lift with associated access to 25 the wooden dock and to maintain an existing fence, all within a 26 portion of the City's 100' drainage easement located adjacent to 27 908 Brasileno Court. 28 WHEREAS, City Council lS authorized pursuant to ~~ 15.2- 29 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 30 authorize temporary encroachments upon the City's 100' drainage 31 easement subj ect to such terms and conditions as Council may 32 prescribe. 33 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 34 VIRGINIA BEACH, VIRGINIA: 35 That pursuant to the authority and to the extent thereof 36 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 37 as amended, Eldon L. Griggs and Gladys T. Griggs, their heirs, 38 assigns and successors in title are authorized to construct and 39 maintain a wooden dock and boat lift with associated access to 40 the wooden dock and are authorized to maintain the existing 41 fence, all within a portion of the City's 100' drainage easement 42 as shown on that certain exhibit plat entitled: "PROPOSED DOCKS 43 & BOAT LIFT IN A CANAL @ LAGOMAR PROJECT LOCATION: 908 BRASILENO 44 COURT VA BEACH, VA 23456 APPLICANT: ELDON GRIGGS 908 BRASILENO 45 COURT VA BEACH, VA 23456" a copy of which is on file in the 46 Department of Public Works and to which reference is made for a 47 more particular description; and 48 BE IT FURTHER ORDAINED, that the temporary encroachments 49 are expressly subj ect to those terms, conditions and criteria 50 contained in the Agreement between the Ci ty of Virginia Beach 51 and Eldon L. Griggs and Gladys T. Griggs ( the "Agreement"), 52 which is attached hereto and incorporated by reference; and 2 53 BE IT FURTHER ORDAINED, that the City Manager or his 54 authorized designee is hereby authorized to execute the 55 Agreement; and 56 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 57 effect until such time as Eldon L. Griggs and Gladys T. Griggs 58 and the City Manager or his authorized designee execute the 59 Agreement. 60 Adopted by the Council of the City of virginia Beach, 61 Virginia, on the 3rd day of October 2006. ~OVED AS TO CONTENTS lm~ C. ~~ GNATURE fJ>> / RttJ [statf DEF'ARTMENT APPROVED AS TO LEGAL i,\SUFFICI~NCY AND FORM i'" t} ~\ ~llU~' , l,U\ CI~Y ATTORNEY CA-10014 R-1 PREPARED: 07/12/06 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CAI0014 Griggs.doc v: \applications\ci tylawprod \ cycom3 2 \ Wpdocs \DO 15 \ POOl \ 00018910 DOC 3 PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE I II I i EXEMPTED FROM RECORDATION TAXES 58.l-811(c)(4) THIS AGREEMENT, made this 8th day of June, 2006, by and between the CITY . OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and ELDON L. GRIGGS and GLADYS T. GRIGGS, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel ofland designated and described as "LOT 268" as shown on that certain plat entitled "SUBDIVISION OF LAGOMAR, SECTION 6, PHASE 3, PART C, NOVEMBER 29,1993 SHEET 1 OF 5 PRINCESS ANNE BOROUGH VIRGINIA BEACH, VIRGINIA" and being further designated and described as 908 Brasileno Court, Virginia Beach, Virginia 23456 (GPIN 2414-93-5010); and WHEREAS, on September 13,2005, the Grantee did receive approval from the City to construct a bulkhead within a portion of an existing City 100' drainage easement (GPIN 2424- 02-4573) adjacent to their property aforesaid; and WHEREAS, the Grantee entered into an Agreement with the City and the said Agreement was recorded on September 29, 2005 as Instrument No. 200509290158847 in the Office of the Clerk of the Circuit Court of the City of Virginia Beach, Virginia; and GPIN's 2414-93-5010 and 2424-02-4573 WHEREAS, it is proposed by the Grantee to construct and maintain a wooden dock and boat lift with associated access to the wooden dock and to maintain the existing fence, collectively the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of the aforesaid existing City 100' drainage easement "the Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit a Temporary Encroachment within the Encroachment Area. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws ofthe Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PRO POSED DOCKS & BOAT LIFT IN A CANAL @ LAGOMAR PROJECT LOCATION: 908 BRASILENO COURT VA BEACH, VA 23456 APPLICANT: ELDON GRIGGS 908 BRASILENO COURT VA BEACH, VA 23456". Said plat is dated 04/18/05 and was last revised 02/17/06, a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. 2 It is further expressly understood and agreed that the Grantee shall indemnify and I I! I I I I I , I' II ,I II I. II II I I hold harmless the City, its agents and emp 10yees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out ofthe location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. I I I I I I II I I It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and generalliability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the Temporary Encroachment. 3 It is further expressly underst()od and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered herein above by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, ELDON L. GRIGGS and GLADYS T. GRIGGS, the said Grantee, have caused this Agreement to be executed by their signatures and seals duly affixed. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalfby its City Manager and its seal be hereunto affixed and attested by its City Clerk. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk 4 :'{''-' f ,,~~~: . "- CV l,C\..,' . 1 - J ; n:> ELDON L. G~GGS;,/~) , ~~' , , ,- J ' '1.1; .... .'-1 .... , . :"r' ~L((C ) .., /?qiA...~ <~; " GLADYS T. GR1:GGS j (./ STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 5 ~i~~gJmTY OF NN~~~'cUL , to-wit: ~LA\.J.l The foregoing instrument was acknowledged before me this , 2006, by ELDON L. GRIGGS. ~<Qt,,-~~7~ <tTH day of My Commission Expires: lc~/w\J;J.t\ 3D) 'LCU <"t' STATE OF CITYICOUNTY OF r\~.:;'Q~(::t,\(- , to-wit: Q The foregoing instrument was acknowledged before me this OTft- day of \~~ , 2006, by GLADYS T. GRIGGS. (\ 1/ fI, . \"l ~Q'-S ~. '\lQx(c\.. Notary Public My Commission Expires: _~ 1C-.'fZ~,~t~ '2:)Oj 71,;{)?'; APPROVED AS TO LEGAL SUFFICIENCY AND FORM APPROVED AS TO CONTENT ~,f' '!~~i /') ,~ 1': :'.' j: t.\ 1,1 _/} \ lA" '""'" Jj;.. \"1 I " " " ' CITY ATTORNEY c. ~ \,J) TY REAL ESTATE AGENT -'"\- :\ 6 LOCATION MAP SHOWING ENCROACHMENT REQUESTED BY ELDON L. GRIGGS AND GLADYS T. GRIGGS FOR A WOODEN DOCK AND BOAT LIFT WITH ASSOCIATED WOODEN DOCK ACCESS 908 BRASILENO COURT GPIN 2414-93-5010 SCALE: 1" = 200' 908 BRASILENO cr BOAT L1FT.DGN M.J.S. PREPARED BY P;W ENG. CADD DEPT. APRIL 25, :,W;'J6 y' -~:',.._'i,~' EXISTING FENCE PROPOSED 2,500 LB BOAT LIFT PROPOSED ASSOCIATED DOCK ACCESS t i CITY OF VIRGINIA BEACH GPlN: 2424-02-4573 EXISTING BULKHEAD (REF', tNST_ NO. 20050929015887) co '" '" Q) ,I C\/ '<to I d . ^ " 4' " <1- '4 '<} 4 . .-,,4-' " d. .. ~ '" " " It : PROPERTY UNE \ \ \ I \ GPIN: 2414--93-5010 4' " ., " , .. ". GRAPHIC SCALE 1 0' 0 1 0' 20' r~~'.~ ! I 1" :;::; 20' EX HI B I_I~'.A:: SCALE: 1 "=20' REVISED: 02/17/06 PROJECT PURPOSE: CONSTRUCT DOCKS & BOAT LIFT 1) USA HENEGHAN 2) ROBERT MCMICHAEL PROPOSED DOCKS & BOAT UFI iN A CANAL @ LAGOMAR ADJACENT PROPERTY OWNERS: PROJECT LOCATION: 908 BRASILENO COURT VA BEACH. VA 23456 APP1LC6NI; ELDON GRIGGS 908 BRASiI_ENO COURT VA BEACH, VA 23456 MLW=O.O' .lII:: ,',",1 ... 0 ~ "C CI) U) 0 c. 0 ... c. 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RESOLUTIONS/ORDINANCES ITEM #55654 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to ACCEPT, APPROPRIATE and/or TRANSFER: $400,000 from the Department of Justice, Office on Violence Against Women, to the Commonwealth's Attorney's 2006- 2007 Budget re prosecution of Domestic Violence cases and increase revenue from the federal government $15,000 from the National Park Service to Planning and Community Development's 2006-2007 Budget re new Elizabeth River Water Trail maps, signs, brochures and a kiosk Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson October 3, 2006 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE $400,000 FROM THE DEPARTMENT OF JUSTICE TO THE FY 2006-07 OPERATING BUDGET OF THE COMMONWEALTH'S ATTORNEY'S OFFICE FOR THE PROSECUTION OF DOMESTIC VIOLENCE CASES 8 WHEREAS, the United States Department of Justice has awarded 9 a $400,000 grant to the Virginia Beach Commonwealth's Attorney's 10 Office to continue funding three full-time positions for the 11 prosecution of domestic violence cases. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 12 13 14 15 1. That $400,000 is hereby accepted from the United States 16 Department of Justice and appropriated to the FY 2006-07 Operating 17 Budget of the Commonwealth's Attorney's Office to continue funding 18 for three full-time positions for the prosecution of domestic 19 violence cases, with revenue from the federal government increased 20 accordingly. 21 2 . That the three full-time positions funded by this grant 22 will be terminated if federal grant revenue is eliminated. 23 Adopted by the Council of the City of Virginia Beach, Virginia 24 on the 3rd day of October 2006. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY H ! . , lf1nt< ~ (~{, ^ Ci ty t torney's Of ce -- CA10147 V:\applications\citylawprod\cycom32\Wpdocs\D021\P001\O0020695.DOC R-1 September 21, 2006 Department of Justice Office on Violence Against Women August 28, 2006 Washington. D.C. 20531 Mr. James K. Spore City of Virginia Beach Municipal Center 2501 Jamcs Madison Blvd. Virginia Beach, VA 23456-3701 Dear Mr_ Spore: On behalf of Attorney General Alberto Gonzales, it is my pleasure to infonn you that the Office on Violence Against Women has approved your application for funding under the Grants to Encourage Arrest Policies Program in the amount of$400,000 for City of Virginia Beach. This award provides the opportunity for recipients to develop and strengthen effective responses to violencc against womcn. This grant award, made under the Grants to Encourage Arrest Policies and Enforcement of Protection Orders Program, is to encourage the treatment of domestic violence as a scrious violation of criminal law. Enclosed you will find the award package. This award is subject to all administrative and financial requirements, including the timely submission of all financial and programmatic reports, resolution of all interim audit findings, and the maintenance of a minimum level of cash-on-hand. Should you not adhere to these requirements, you will be in violation of the tenns of this agreement and the award will be subject to tennination for cause or other administrative action as appropriate. If you have questions regarding this award, please contact Anne M. Hamilton at (202) 353-2794. For financial questions, contact the Office ofthe Comptroller, Customer Service Center (CSC) at (800) 458-0786, or by email at ask.oc@usdoj.gov. Congratulations, and we look forward to working with you. Sincerely, ..~~.,\ ( ) ;: '.... U~t.l(~ ~'){..(., " 17, \.' ,,," Diane M. Stuart Director, Office on Violence Against Women Enclosures 1 2 3 4 5 6 7 8 9 10 11 AN ORDINANCE TO ACCEPT AND APPROPRIATE $15,000 FROM THE NATIONAL PARK SERVICE TO THE DEPARTMENT OF PLANNING AND COMMUNITY DEVELOPMENT'S FY 2006-07 OPERATING BUDGET FOR THE DEVELOPMENT AND PRINTING OF NEW ELIZABETH RIVER WATER TRAIL MAPS, INFORMATION BROCHURES, IMPROVED INFORMATION SIGNS, AND A KIOSK AT THE TRAIL ACCESS LOCATION WHEREAS, the National Park Service has designated the 12 Elizabeth River Water Trail as a component of the Chesapeake Bay 13 Gateways network. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH, VIRGINIA: 16 That $15,000 is hereby accepted from the National Park 17 Service and appropriated to the Department of Planning and 18 Community Development's FY 2006-07 Operating Budget for the 19 development of improved public communications and education for the 20 Elizabeth River Water Trail, with revenues increased accordingly. 21 Adopted by the Council of the City of Virginia Beach, 22 Virginia, --3r.d day of Octobor ' 2006, Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: f)~tOCl. ~ Management Services \ !rum.; c r::-lrlA~ CitY Attorney's Of 'ce CAI0148 V:\applications\citylawprod\cycom32\Wpdocs\D020\P001\O0020637.DOC R-l September 19, 2006 - 28 - Item V,J4 c. RESOLUTIONS/ORDINANCES ITEM #55655 The following registered in SUPPORT: Bill Van Deusen, 2341 Santa Fe Drive, Phone; 589-4195, resident of La go Mar, advised the City must ensure Nimmo Parkway is extended at least asfar as the intersection with Artesia Way. Statement is hereby made a part of the record. There are more than 600 people and more than 400 automobiles that travel Entrada multiple times every day, as it is the only ingress/egress to his section of Lago Mar Mr. Van Deusen requested City Council must give the residents another way out of these neighborhoods for safety in emergencies as well as relieve extraordinary traffic on Entrada and Camino Real South. Scott Seery, 941 Artesia Way, Phone: 426-0063, President - Lago Mar Civic League, expressed appreciation to the City Council for realizing the importance of completing this project. There is only one-way-in and one-way-out of the Back Bay section of La go Mar Herb Jones, 2313 Sandpiper Road, Phone: 721-11 03, referenced Dean Block, Director of Public Works' statement re negotiating a better split for the City concerning the cost of$4.4-MILLION. Mr. Jones was concerned re $l-MILLION being transferredfrom the Sandbridge TIF. Dean Block, Director of Public Works, advised a better split was negotiated with the developer. The City of Virginia Beach is paying approximately $3. I-MILLION and the developer is paying approximately $1.3-MILLION. $l-MILLION was not transferredfrom the Sandbridge TIF. Mr. Block should be advised of a Notice to Proceed with the project in approximately a week. Peter 0 'Connor, 2305 Perez Way, Phone: 426-2841, resident of Lago Mar/Back Bay for five (5) years. There have been problems with access, trees down, flooding and fire. Hopefully this project will commence shortly. Alvin Woods, 2320 Perez Way Phone: 721-0571 Daryl Simpson, 959 Camino Real, Phone: 426-0452, WAIVED right to speak William Benson, 2341 Tiessa Monte Arch, Phone; 689-2606, resident of La go Mar/Back Bay Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to TRANSFER $1,817,793 to various Cost Participation projects to provide necessary funding to complete Nimmo Parkway construction per agreement with Lago Mar Associates October 3, 2006 - 29- Item V,J4 c. RESOLUTIONS/ORDINANCES ITEM #55655 Voting: 10-0 (By Consent) Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson October 3, 2006 1 2 3 4 5 6 7 AN ORDINANCE TO TRANSFER $1,817,793 TO CIP #2-837, VARIOUS COST PARTICIPATION PROJECTS, TO FUND THE CITY'S INCREASED PORTION OF A COST PARTICIPATION AGREEMENT WITH LAGO MAR ASSOCIATES 8 WHEREAS, due to increased construction costs and the need for 9 major drainage structures, the City's portion of a cost 10 participation agreement with Lago Mar Associates for construction 11 of a section of Nimmo Parkway will increase by $1,817,793; and 12 WHEREAS, the additional amount needed to allow the awarding of 13 the low-bid contract can be transferred from the CIP #2-305, 14 Princess Anne Road-Phase IV, and CIP #2-502, West Neck Road. 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 That $908,896 from CIP #2-305, Princess Anne Road-Phase IV, 18 and $908,897 from CIP #2-502, West Neck Road, is hereby transferred 19 to CIP #2-837, Various Cost Participation Projects, to fund the 20 City's increased portion of a cost participation agreement with 21 Lago Mar Associates. 22 Adopted by the Council of the City of Virginia Beach, 23 Virginia, on the 3rd day of October , 2006. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: J1r~Q, Management Services , ~jf'N ,9 f. ~ i&. City Attorney's 0 ice~ CA10138 V;\applications\citylawprod\cycom32\Wpdocs\D020\P001\O0020653.DOC R-2 September 21, 2006 / ",", > \--o^"'1;1l~ it::~;;' '7 / Vi' ~''} ~V/ / '.5J;."/ "~'.\'f k. I!:-I J"kII~7"t<'? , ,-'- fI;ji:J::Jbl 'o,~, K fl"">lJ ..-'"" N I / ~a-~,rJ) .M }--, ~ IJ d ::Ji\--/OAMNECK R~':)- fi?it fit;~J! - ~ v ~ K ~ "-IX ""~ '1 ,::;;V ~ ~ ~/-"/ ) o)~ bllj;f~~~':'o, "- ~~, "".\J ~......,,' ,& ~ '-L W E ,~lV' .ft, qj, ~~ /f!/1;S&:,'{,,- ,~ .>,. ~~ ,rJ' ~- -= '- J~d/!'IM' - .. W;~1 it ;,?~. "- i<J~ =--J (!i~~~ ,3" 0/~i2":' ] rj ~ ~ /~~ ~ ~~~/,~ fW~,~~* ~~~~!i!iYl~'j ~ '0 ,\ ~~ffi~~ ~ '-',) / ~~~~~, ~ rA~ ~~, \ 0~> \ (:s~~"::J~~K \1 ~"{VI~ " ' "\ \\ I' ,- ,t,', SC; ~ <:>i\ I ~ '--.J.~'V)...~_Yf/..7r C"'\ If -rr- k .~li~ ~ t~mA' \\ / 1/ ~ ""iJ... -y,~/~ 'f:::;L- ,\ ~tI/;; -~ - ~ '- ~m~ '2 ( , ~ ; x lim /l.~'- ~ J>t"o;\9~ ~.. ........ "~ ~j .FiO nY ~~~~\ ~ q ~ Z":,. ~ ~MITS OF LMA's RESPONSIBILI~ ::::fioil -L ,I.. I ~~ "" t~/J;r ?" ~ ri J ~ ....L ~ ~ PREVIOUSLY G ~ f I~ ~ ~~ ~ CON:'~~TElll -~ k ~~ ~ OA ) if ,I. ~ ~ ~ ~Jr~..d :;.. r;::r:;:; ~s.z: ::: ,l,J ~l}' ~ 'lo' ~y ~ ~ }flif. ~~ [ -tz~Q,JTMV~. :t. ~~ '[]V' ';;Iff .:r ~ ~~ f1RfN.. [\': ~ -~ ~ h rfl!tMffJk~f~ ~ T / ~ \ \ 7 ~~ '-{. ~ v/iii ~ "i'l ;'::A'r l--.. \ 0 '\ "-~ ~~'f1~ ~~~ ...J~k -- ~ ~~ ~{!!ii YJl1fiUm \ ~ =:; ~' ll- ~ ~ "^'t;~/ ~-' ~ LOCATION MAP ~ '( " ~ A A NIMMO PARKWAY ~ :!~/ COST PARTICIPATION i6 ~ 1_ ,~J~rL '1 SCALE:1"=1000'lQ:D'//K ~~~l:>n:C-L ~ ,.p!G1 /~ I.Q)~(~~ ". V ~~/h~~ll~~ I Prepared by PW.lEng.lEng. Support Services Bureau 8/30/06 X:\Projects\ARC Files\Agenda Maps\NIMMO.MXD - 30 - Item V-K.l. APPOINTMENTS ITEM # 55656 BY CONSENSUS, City Council RESCHEDULED: I BUILDING CODE OF APPEALS - New Construction INVESTMENT PARTNERSHIP ADVISORY COMMITTEEE - PPEA October 3, 2006 - 31 - Item V-K.2. APPOINTMENTS ITEM # 55657 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED Jennifer Anders-(Family Member) Unexpired thru 12/31/08 COMMUNITY SERVICES BOARD Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson October 3, 2006 - 32 - Item V-K.3. APPOINTMENTS ITEM # 55658 Upon NOMINA TION by Vice Mayor Jones, City Council APPOINTED: Council Lady Barbara M. Henley GREEN RIBBON COMMITTEE Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson October 3, 2006 - 33 - Item V-K.4. APPOINTMENTS ITEM # 55659 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Ann-Meade Simpson Marjorie B. Smallie 2 year term 11/1/06-10/31/08 HISTORICAL REVIEW BOARD Voting: 9-0 Council Members Voting Aye: Harry E. Diezel, Robert M. Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph and Rosemary Wilson October 3, 2006 - 34- Item V-K. 5. APPOINTMENTS ITEM # 55660 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Robert Coffey Suzanne Duckworth Vicki Harvey Robert G. Jones Johnnie Miller Marjorie Smallie Barbara E. Vaughan HISTORIC SITES ORGANIZING COMMITTEE This Committee will report to City Council on or before December 3, 2006. Voting: 10-0 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M. Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva and James L. Wood Council Members Voting Nay: None Council Members Absent: Rosemary Wilson October 3, 2006 - 35 - Item V-No ADJOURNMENT ITEM # 55661 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:47 P.M. ~_!2__zq~i~__ Beverly 0. Hooks, CMC Chief Deputy City Clerk - uth 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 at 7: 59 P.M. October 3, 2006 - 36- OPEN DIALOGUE Non Agenda Items Andrew Hellmann, 1576 Bridlecreek Boulevard, Phone: 467-2612, resident of Rosemont Forest, and distributed a copy of his elevation certificate, which is hereby made a part of the record. In 1999, his house flooded to a depth of 10 inches of water. Seven years later during Tropical Storm Ernesto, his house flooded again to a depth of 12 inches of water. Donna Dowdy, 1654 Mill Oak Drive, Phone: 652-0773, spoke re flooding in Rosemont Forest, expressed appreciation to the Mayor for her assistance during the Labor Day weekend having dumpsters provided for the cleanup. Mrs. Dowdy also expressed appreciation to Councilman Dyer for his unselfish assistance. The City has stated Rosemont Forest was built one foot below flood level and did not understand why this complex was allowed to develop. All the homes are built on slabs. Marie Porath, 5100 Rugby Road, Phone; 717-0060, resident of Rosemont Forest - original owner since 1983. During the last storm, her home had 6 to 8 inches of water inside. During Ernesto, her garage received l-Y2 to 2 feet of water and the inside of her home had 6 to 8 inches of water. Insurance has not been received to pay the damage to her home. Mrs. Porath requested City Council take some action to correct the situation. Margaret Armstrong, 2308 Mossy Hollow Place, Phone: 496-2774, and Juel Loughney are property owners on Lake Trant - Alignment G. Ms. Armstrong presented a brief follow-up re their complaint addressed at the last two (2) previous City Council sessions regarding dumping of dredged material at the mouth of their Cove. At the end of last week, the dredge worked all day in the center of the lake in front of their property. The area had been dredged down to dry material and the island of floating debris adjacent to their dock had been removed. However, the second debris island remains deep in the cove. Approximately 70% of the dredged material dumped on their property has been removed. Ms. Armstrong suggested a portion of the City surplus in the amount of $300,000 to $500,000 be set aside to complete the restoration of Lake Trant with whatever funds not needed then reallocated back to surplus funds. Leona Schuler, 2448 Rose Hall Drive, Phone: 481-5371, President of Trantwood Lake Corporation. Mrs. Schuler distributed two (2) documents with respect to the Lake Trant Dredging. An inter- office email dated July 11,2006, regarding the status of the Beaches and Waterways Commission in which Chairman Fraim advised the Commission would only proceed after the contractor had completed its work. A year ago, on September 27th, Public Works was informed of the illegal dumping of unpermitted fill and the lack of dredging in certain areas. To date, several damaged areas of the Lake have not been restored. Mrs. Schuler referenced the second document (Right of Entry Agreement) which each resident was required to sign and outlined the mutual benefits of both the City and residents of Lake Trant. These representations and terms set forth in the agreement were not met for approximately 25% of the residents and continue to be of concern. The City Manager shall draft the appropriate letters to the Beaches and Waterways Commission to begin to review the Lake Trant situation. The City Manger advised the Lake Trant Corporation will be included on all correspondence to the Beaches and Waterways The City Attorney advised Lake Trant is not the typical storm water holding pond, but rather like a natural body of water with inlets. The City Attorney will review the Right of Entry Agreement. Barbara E. Vaughan, 2621 North Landing Road, Phone: 427-1833, expressed her respectfor Princess Anne County heritage and represented the Princess Anne Courthouse Hill community area. Replacement need not take priority over restoration. The City needs to protect this area's distinctive character and its quality of life. Our heritage should be kept alive with pride in the past. Mrs. Vaughan distributed a "SAM's" map. October 3, 2006 - 37 - OPEN DIALOGUE Non Agenda Items Wayne Dowdy, 1654 Mill Oak Drive, Phone; 467-3050, spoke re Rosemont Forest flooding. Mr. Dowdy advised he and his wife lost almost everything through Tropical Storm Ernesto. FEMA has not assisted and neither has the insurance. Some of the mold in his home reaches up to the ceiling. The sewage also backed up. Evelyn Asire, 2516 Entrada Drive, spoke re flooding and not allowing citizens to build in areas with possibilities of flooding Bruce Williams, President - Chief Executive Officer, A. Bruce Williams and Associates, Post Office Box 3307, Norfolk, Virginia 23514, Phone: 456-0222, 200 Monticello Avenue, Suite 210, Norfolk, Virginia, 17 -year resident of Virginia Beach. Mr. Williams shard information relative Minority population, Minority businesses and contract awards. Said information is hereby made a part of the record. The total minority population of Virginia Beach is 128,253, 30% of the City's population of 430,856. 19% or 81,841 are African-American October 3, 2006