HomeMy WebLinkAboutNOVEMBER 14, 2006 MINUTES
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL
MAYOR MEYERA E. OBERNDORF, At-Large
VICE MA YOR LOUIS R. JONES, Bayside - District 4
WILLIAM R. DeSTEPH, At-Large
HARRY E. DIEZEL, Kempsville - District 2
ROBERT M. 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
ROSEMARY WILSON, At-Large
JAMES L. WOOD, Lynnhaven -District 5
CITY COUNCIL AGENDA
CITY HALL BUILDING
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGINIA 23456-8005
PHONE:(757) 385-4303
FAX (757) 385-5669
E-MAIL: Ctycncl@vbgov.com
CITY MANAGER - JAMES K. SPORE
CITY ATTORNEY - LESLIE L. LILLEY
CITY CLERK - RUTH HODGES SMITH, MMC
14 NOVEMBER 2006
I.
CITY MANAGER'S BRIEFINGS
- Conference Room -
1:30PM
A. TROPICAL STORM ERNESTO STUDY and PRELIMINARY FINDINGS
Dean Block, Director- Public Works
B. DEBT AS A BUDGET DRIVER
David Hansen, Chief - Finance and Technology
Patti Phillips, Director- Finance
C. BUDGET EXECUTION REPORTS
James K. Spore, City Manager
A.M. Jacocks, Chief-Police
Martha J. Sims, Director-Library
David Hansen, Chief - Finance and Technology
II. CITY COUNCIL COMMENTS
III. REVIEW OF AGENDA
IV. INFORMAL SESSION
- Conference Room -
3:30 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B. ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
V. FORMAL SESSION
- Council Chamber -
6:00 PM
A. CALL TO ORDER - Mayor Meyera E. Oberndorf
B.
INVOCATION:
Reverend John Baldwin
Rector, Emmanuel Episcopal Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. CERTIFICATION OF CLOSED SESSION
F. MINUTES
1.
INFORMAL and FORMAL SESSIONS
November 7,2006
G. AGENDA FOR FORMAL SESSION
H. PUBLIC HEARING
1. COMPLETION OF PACIFIC AVENUE TRAIL
I. CONSENT AGENDA
J. RESOLUTION/ORDINANCES
1. Resolution to REQUEST the Commonwealth of Virginia Transportation Board (VDOT) to
establish a project for the completion of the Pacific Avenue Trail project at South Lake
Holly.
2. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of Understanding
(MOU) with the Contemporary Art Center of Virginia for the 1215 Magna Carta 2007
historical exhibition.
3. Ordinance to AUTHORIZE the acceptance in fee simple of a dedicated privately owned
borrow pit located adjacent to Woodstock Cove known as Woodstock Lake.
DISTRICT 2 - KEMPSVILLE
4. Ordinances to ACCEPT and APPROPRIATE:
a. $49,370 from the United States Department of Justice to the Police Department's FY
2006-2007 Operating Budget for the purchase of bulletproof vests
b. $18,950 from the Fire Department Gift Fund to the Fire Department's FY 2006-2007
Operating Budget for their Centennial Celebration
K. PLANNING
1. Application of A/H- TW A ASSOCIATES, L.L.C. for a Modification of the Indian
Lakes Land Use Plan at Ferrell Parkway and Indian River Road re gasoline sales.
(approved by City Council September 20, 1971)
DISTRICT 1 - CENTERVILLE
RECOMMENDATION:
APPROVAL
2. Application of PRINCESS ANNE SHOPPES for a Modification of Proffer No.9 which
restricts the type of uses on the site at North Landing Road and George Mason Drive re a
veterinarian office. (approved by City Council March 9, 2004)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
3. Application of J. D. and RANDI VOGEL for a Modification of Conditions of a
Conditional Use Permit at 2388 - 2400 London Bridge Road re relocation of a
commercial recreational/entertainment facility. (approved by City Council November
9,2004)
DISTRICT 7 - PRINCESS ANNE
RECOMMENDATION:
APPROVAL
4. Application of ABOUNDING GRACE ASSEMBLY (Pastor Warren E. Singleton) for a
Conditional Use Permit for a church at 5105 Princess Anne Road.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION:
APPROVAL
5. Application of BAYS IDE CHRISTIAN CHURCH for a Conditional Use Permit to
allow construction of an additional structure for child care in conjunction with an existing
church at 2224 Greenwell Road.
DISTRICT 4 - BA YSIDE
RECOMMENDATION:
APPROVAL
6. Application of ELL MER PROPERTIES, L.L.C. for a Conditional Use Permit re an
automotive repair garage and bulk storage yard at 656 Military Highway.
DISTRICT 2 - KEMPSVILLE
RECOMMENDATION:
APPROV AL
7. Application of FRANKLIN GAMBITO and LEONARD C. TUCAY for a Conditional
Use Permit re a church and fellowship hall at 5317 Bayside Road.
DISTRICT 4 - BA YSIDE
RECOMMENDATION:
APPROVAL
8. Application of JBA ONE, L.L.C. for a Conditional Use Permit re motor vehicle sales,
service and bulk storage at 930 and 940 South Military Highway.
DISTRICT 1 - CENTERVILLE
RECOMMENDATION:
APPRO V AL
9. Application of ANTHONY & CATHLEEN LINCOLN for a Conditional Use Permit re an
outdoor recreational facility (skateboard ramp)at 637 Fort Raleigh Drive. DISTRICT 6-
BEACH
RECOMMENDATION:
APPROVAL
10. Application of LOUISA AVENUE and VIRGINIA BEACH BOULEVARD, INC. for
a Conditional Use Permit re a bulk storage yard at Louisa Avenue and Virginia Beach
Boulevard.
DISTRICT 6 - BEACH
RECOMMENDATION:
APPROVAL
L. APPOINTMENTS
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS (BZA)
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SERVICES BOARD (CSB)
EMPLOYEE BENEFITS TASK FORCE
HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY (HREDA)
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
PLANNING COMMISSION
RESORT ADVISORY COMMISSION (RAC)
WETLANDS BOARD
M. UNFINISHED BUSINESS
N. NEW BUSINESS
1. Reschedule regular Briefing, Informal and Formal Sessions of City Council for January
2007:
Combine the First and Second regular Tuesdays to be held January 9,2007
Regular Third Tuesday Workshop to be held January 16, 2007
January 23 will be the regular Fourth Tuesday Agenda
O. ADJOURNMENT
*********
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 10/07/2006mh>b
www.vbgov.com
- 1 -
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
14 November 2006
Vice Mayor Louis R. Jones called to order the City Manager's Briefing re TROPICAL STORM
ERNESTO STUDY and PRELIMINARY FINDINGS in the City Council Conference Room, City Hall,
on Tuesday, November 14,2006, at 1:30 P.M
Council Members Present:
William R. "Bill" DeSteph, Harry E. Diezel, Barbara M Henley,
Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin
and Rosemary Wilson
Council Members Absent:
Mayor Meyera E. Oberndorf
[Husband eye surgery,
Entered: 3:15 P.M]
Robert M Dyer
[City Business Meeting,
Entered: 2: 1 0 P.M]
Ron A. Villanueva
[Entered: 1:40 P.M]
James L. Wood
[Absent - Wife having
Surgery]
November 14,2006
- 2 -
CITY MANA GER 'S BRIEFING
TROPICAL STORM ERNESTO STUDY ad PRELIMINARY FINDINGS
1 :30 P.M.
ITEM # 55776
The City Manager advised City Council had requested, for informational purposes, an interim report
concerning an Action Plan re Tropical Storm Ernesto. The City Manager introduced E. Dean Block,
Director of Public Works, to provide Preliminary Findings re Tropical Storm Ernesto. Mr. Block
advised the report will encompass:
Storm water System Design
Areas of Structural Flooding
Action Plan
. Tropical storm Ernesto dropped record rainfall amounts on Virginia Beach
The National Weather Service in Wakefield, Virginia, referring to its data at the
Norfolk Airport, states that an "All Time Record Daily Maximum Rainfall" was set
September 1,2006
Rainfall amounts in most areas of Virginia Beach exceeded the 100-year storm rainfall
and in some areas exceeded a 200-year storm
Rainfall from Ernesto
. A verage annual rainfall
. NWS Norfolk Airport:
. Other rain gages:
44.61 "
9.91"
. Glen wood
. Thoroughgood
. Sandbridge
9.69"
10.43 "
9.20"
. Most of the rainfall from Ernesto fell within a 12-hour period
. The 12-hour rainfall amounts far exceeded the 100-year, 12-hour storm event and approached
a 300 year storm event
Approximately 20% of the City's annual rainfall was received in one (1) day from Tropical Storm
Ernesto. A 10-year rain event encompasses approximately six (6'J inches. Tropical Storm Ernesto was
approximately one (1 'J inch above the 100-year storm.
November 14, 2006
- 3 -
CITY MANA GER 'S BRIEFING
TROPICAL STORM ERNESTO STUDY ad PRELIMINARY FINDINGS
ITEM # 55776 (Continued)
Storm water System Design
. Current standards require the basic storm water system in Virginia Beach to be designed for a
10-year storm. The storm water system is designed to minimize inconvenience from "minor"
storms. (10-year and less per ASCE guidelines)
. Current standards require the finished floor elevation of structures to be a minimum of one-
foot (1) above the 1 OO-year flood elevation (as determined by FEMA NFIP)
. "Major" storms (above 10-year) are accommodated by allowing the temporary storage of
excess rainfall in floodplains and also in streets, parking areas, open spaces, et cetera which
serve as urban ''floodplains'' in major storms
. "Major" storms not only exceed the carrying capacity of pipes and channels, but inundate
downstream water bodies causing water upstream to back up
A significant portion of Virginia Beach (pre 1970 development) was built prior to current standards.
Currently the City has direct knowledge of sixty-three (63) confirmed flooded residential structures as a
result of "Ernesto".
The City does not want to encourage building in the Floodplain as the Floodplain allows the temporary
storage of excess rainfall.
Karl Smithson, Stormwater Engineer, advised on Sunday, November 12, 2006, approximately 2.75 inches
of rainfall was recorded at Norfolk International Airport.
November 14, 2006
- 4-
C IT Y MANA G E R 'S B R IE FIN G
TROPICAL STORM ERNESTO STUDY ad PRELIMINARY FINDINGS
ITEM # 55776 (Continued)
Tropical Storm Ernesto Known Flooded Structures
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The standards for storm water system design have not always been in place, but have evolved over a
period of time. Pre 1970, a majority of the City was built out before any standards were "in place". In
many cases, this is not as much of a problem as the land developed was higher ground. In some of the
older neighborhoods problems have arisen with development of the infill areas. These areas had served
as a BMP (Best Management Practice) for these neighborhoods. During the early days of the design
process of the National Flood Insurance Program and the Floodplain regulations, Virginia Beach based
the design on specific older Us. Army Corps of Engineer studies. The result was to establish a 1 DO-year
flood elevation. As time has passed, refinements occurred and as FEMA has improved its planning and
mapping, studies for flood insurance, et cetera, the flood elevation was found to be higher. Subdivisions
may have been built correctly at the time, however later information indicated these areas might be
subject to flooding (depending on location and time of development).
ACTION PLAN
1) Evaluation Rosemont Forest
. l' construction issue
. Field surveys; hydrology and hydraulic analysis
. Alternatives & costs; January report
2) The Lakes - similar study
3) Evaluate other flooded areas
4) Specific grants will be applied for and we will investigate others
November 14, 2006
- 5 -
CITY MANA GER 'S BRIEFING
TROPICAL STORM ERNESTO STUDY ad PRELIMINARY FINDINGS
ITEM # 55776 (Continued)
Future Possible Policy Considerations
Fairness
Cost!:!. Risk?
Private!:!. Public Action?
A vailability of Grants?
Precedents for Future Storms?
SUMMARY
. Tropical Storm Ernesto dropped record rainfall amounts
. These rainfall amounts exceeded rainfall amounts used by FEMA to establish the 100-year
flood elevations and the 1 OO-year flood zones
. These rainfall amounts exceeded the design capacity of the City storm water system
. Extensive street/yard flooding resulted
. Flooding of some structures resulted
. Action underway to identify alternatives and costs
Council Lady McClanan referenced concerns of citizens residing on Hannibal Street and Club House
Road. Concerning the water pushed back from Rosemont, the trucks driving through the water were
forcing the water up into the garages and various parts of the homes on these roads. As these trucks were
driving along, people were mowing grass and blowing leaves, all this debris went into the storm drains.
The Police advised the citizens this behavior was not in violation of the law. Mr. Karl Smithson advised
these illegal violations are reported to Public Works Operations - Customer Service Representatives,
Phone: 385-1470. Employees within the Public Works Operation Division enforce the Stormwater
System Discharge Ordinance, as well as other environmental ordinances which encompass the permit. An
ordinance exists re illicit discharge of materials into the City's storm drains.
Council Lady Henley, Liaison, advised The Green Ribbon Committee conducted its first meeting. This
Committee serves in an advisory capacity on maters relating to the improvement of water quality in the
City's waterways, including means of developing property and supporting infrastructure that minimize
the use of natural resources, reduce harmful effects on water quality and create healthier environments.
All the City's policies and ordinances will be examined re stormwater and development. Council Lady
Henley advised, during review of the Comprehensive Plan and other comment sessions held in different
locations throughout the City, the question was asked re the three things most liked in the City:
waterways would always be one of the priorities. If the stormwater system were engineered to the point,
there would be no standing water (disappearing as soon as hitting the ground), the waterways would not
be that clean. This is an excellent opportunity to educate the public concerning this system.
Residents advised flood insurance claims for damages had not been paid. Council Members Diezel and
McClanan requested the City review the Flood Insurance concern of residents with the Commonwealths
Attorney's office and Consumer Affairs. The residents had been told they must carry flood insurance.
Council Member Diezel also requested information whether residents can secure insurance and be
reinsured for properties I-foot below the 100-year flood plain. If Hurricanes are being classed as a non-
flood event, the assistance of the City's General Assembly representatives should be enlisted.
November 14, 2006
- 6-
C IT Y MANA G E R 'S B R IE FIN G
DEBT AS A BUDGET DRIVER
2:10 P.M.
ITEM # 55777
Patricia Philips, Director of Finance, advised Debt is one of the factors driving the budget. Mrs. Phillips
introduced Rich Dunford, Debt Administrator, who prepared the document, a valuable entity which is
constantly utilized with the rating agencies and underwriters. Debt as a Budget Driver will encompass
the following information:
. Core Strategy: Act as Stewards of Public Resources
. Long-Term Debt Report
. Credit Rating Discussion
. Relationship of Debt to CIP and Operating Budget
. Future Debt Impacts
Long- Term Debt Report
Summary of Outstanding Debt
at June 30, 2006
(in millions)
General Obligation Bonds
a. Schools
b. General Government
Public Facility Revenue Bonds
Leases and Other Debt
Agricultural Reserve Program
Revenue Bonds
a. Water & Sewer
b. Stormwater
Total Debt
Less: Revenue/Supported
Net Tax Supported Debt
Note: Authorized and Unissued = $343 million
nnual Debt Service to General
Government Expenditures
verall Net Debt to Estimated
Full Value
verall Net Debt Per Capita
verall Net Debt Per Capita to Per
Capita Personal Income
Amount
$ 271
274
279
15
23
137
l2
$ 1,012
$ 172
$ 840
stablished
Guidelines
Source
Full Faith & Credit
Full Faith & Credit
Annual Appropriation (via VBDA)
Annual Appropriation
Full Faith & Credit/Strips
Revenues of Enterprise Fund
Revenues of Enterprise Fund
o greater than 10.0%
o greater than 3.5%
o greater than $2,400
o greater than 6.5%
November 14, 2006
- 7 -
CITY MANA GER 'S BRIEFING
DEBT AS A BUDGET DRIVER
ITEM # 55777 (Continued)
Mrs. Phillips advised in FY 2005-2006, two (2) Bond Sales were conducted: $80-MILLION General
Obligation Bonds in December 2005 (true interest cost 4.2%) and $92.-7MILLION Water and Sewer
Revenue and Refunding Bonds - September 2005 (true interest cost 4.27%). Tax exemption
regulations re Refunding Bonds are very strict. There is usually only one (1) time you can do an advance
refunding on a particular issue. The Finance Department continually reviews outstanding debt in relation
to the market and examine refunding opportunities. Approximately $60-MILLION was refunded of that
issue; the majority of the issue was a refinance and saved the City approximately $4.9-MILLION
HISTORY OF CITY DEBT
Phase I
. City Charter Limitation in 1963
Phase II
. Series of Referenda in 1980's
. Roads
. Schools
. Recreation Centers
Phase III
. Enterprise Debt
. Water & Sewer (1992)
. Storm Water (2000)
. ARP (1996-97)
Phase IV
. Use of Annual Appropriation Debt
. Judicial Center
. Social Services Building
. Major Projects- Convention Center, etc.
. TIFs
Phase V
. Public / Private Partnerships
. Transportation
. Proposed CDA's: TIFS and Direct or Overlapping Debt
While the debt program is growing, it is still considered a moderate debt program and well controlled in
the eyes of the rating agencies. The catalystfor the growth of the Debt Program (2003), approximately
$2-MILLION was the Convention Center.
Mrs. Phillips advised re the Debt Per Capita, the original guideline of $1,300 per capital was approved
in 1992, revised in 1998 to $1,500 and in 2005 to $2,400 per capita. The Debt Per Capita for 2008 is
estimated to be $2,278.
Mrs. Phillips detailed the Benchmarks utilized by the City: Hampton Roads Comparison, Triple-Cities
with Populations between 250,000 and 1,000,000 and Moody's Medians
November 14, 2006
- 8 -
CITY MANA GER 'S BRIEFING
DEBT AS A BUDGET DRIVER
ITEM # 55777 (Continued)
Benchmarks
Hampton Roads Comparison
Net Debt/
S & P Credit Assessed Assessed
Rating Value Value/Pop Debt/Pop
Chesapeake M 3.0% $68,510 $2,078
Hampton M 3.6 56,377 2,026
Newport News M 4.7 56,596 2,660
Norfolk M 2.9 53,894 1,572
Portsmouth M- 6.1 48,574 2,963
Suffolk M- 2.8 75,460 2,147
Virginia Beach AA+ 2.2 88,304 1,921
Crooit Reports from S&P with adjustmmts from respective City staff.~.
Benchmarks (cont'd)
Recent Key Affordability Ratios:
Triple-A Cities With Populations Between
250,00QE~g~J ,000,000*
Overall debt
%of
Assessed Value
U nTestricted
Fund Balance
0/0 Exoenditures
Overall debt
oer caoita
~
EBI**
%US
Charlotte, NC 110 18 2.9 2,928
Columbus, OH 91 16 4.1 2,653
Indianapolis, IN 97 27 7.1 3,561
Minneapolis, MN 90 18 3.6 3,825
Omaha, NE 95 12 4.7 2,358
Raleigh, NC 120 31 3.4 3,369
Seattle, W A 108 14 4.5 6,940
St. Paul, MN 90 14 2.7 2,342
Virginia Beach, VA 11\ 13 2.2 1,921
... Based on data contained in It special report released 10/09/06, Standard & Poors
.. Median household Effective Buying Income (EBI)
November 14,2006
- 9 -
C IT Y MANA G E R 'S B R IE FIN G
DEBT AS A BUDGET DRIVER
ITEM # 55777 (Continued)
Benchmarks
Moody's Medians
Per Median
Unreserved Capita Family
Undesignated Debt Burden Income as Income as
General (Overall net 0/0 of 0/0 of
Fund Debt as 0/0 Assessed State State
Balance as 0/0 Assessed Payout over Value Per (2000 (2000
of Revenue Value) 10 years 0/0 CapitalS) Census) Census)
Virginia Cities (Aaa) 13.1% 1.60/0 67.6% S136,597 113.9% 103.5%
US City (Aaa) 12.9 2.0 72.3 188.506 176.5 170.7
Virginia Beach, VA (Aa 12.9 2.2 74 88,304 93.3 98.3
Aaa Cities Include: Alexandria, Charlottesville
Top Ten (10) Management Characteristics of Highly Rated Credits - S & P
. Establish a rainy day fund
. Regular economic and revenue reviews
. Prioritize spending plans and establish contingency plans for operating budgets
. Formalize a capital improvement program
. Long-term planning for all liabilities, including pension obligations and post employment
benefits
. A debt affordability model to evaluate future debt profile
. A pay-as-you-go financing strategy for operating and capital budget
. A multiyear financial plan beyond the annual budget
. Effective management and information systems
. A well-defined economic development strategy
Policy Issues
. Recommend no changes in Debt Policy at this time
. Continue to seek new revenue where possible
. Use of Pay-As- You-Go funding - Operating Budget
. Public Facility Revenue Bond with a Revenue Source
. Continue strong control of expenditures
. Maintain effective communications with rating agencies
. Financial Performance
. Debt
. Management
. Economic Factors
. Can handle moderate amount of additional debt not already planned
. Many influences that affect affordability
. Growth in income, population, etc
. New revenues
. Regional economy
. If less cash available, more selective -focus on community priorities
November 14, 2006
- 10-
CITY MANA GER 'S BRIEFING
DEBT AS A BUDGET DRIVER
ITEM # 55777 (Continued)
The Finance Department meets periodically with the rating agencies. Every bond issue has its own
rating. San Diego has been censured by the Securities and Exchange Commission for not disclosing
their liability. Catheryn Whitesell, Director - Management Services, will be presenting the Five-Year
Forecast scheduled for the City Council Workshop of November 21, 2006. The City was upgraded in
1996 from AA to AA+. In a low interest rate environment, the rating upgrading to an AA+ might mean
ten (10) to fifteen (15) basic point fractions. Mrs. Phillips anticipated approximately two (2) bond sales
would be conducted in the first 'half of 2007. Finance will compare the City's sales to those of Triple A
rated cities (occurring on the same day). On many maturities, the City compares favorably. Relative
further upgrading, the City needs to focus on the economy and types of businesses locating in Virginia
Beach.
Debt is issued after a project is underway. The City Manager advised the $1,012,000,000 Debt depicted
is as of June 30, 2006. Some debt will be retired and some will be issued in 2007. Mrs. Phillips advised
the June 30, 2007 debt would be increased approximately $90-MIILLION, thus, the total would be
approximately $1.1-BILLION.
Catheryn Whitesell, Director - Management Services, advised the City Council will approve each Capital
Budget as it occurs, but city staff has assumed the projects in comprising the 6-year plan. Construction
projects are known as they are long term projects and planned over a series of years. Design will occur
in one year, site acquisition and then construction will follow. Each year the City Council adopts the
Capital Budget, which authorizes the use of debt. The projections are in the Capital Improvement
Program and will be provided. Mrs. Whitesell displayed the graph depicting the relationship between
City Council's ADOPTED Operating Budget and Capital Improvement Program.
Funding Relationship between
Operating Budget and CIP
. The Capital Improvement Program is supported by debt and cash
. 45% of CIP is supported by various types of debt
. 55% ofCIP is from various cash sources - Fund Balances. Operating
Budget and/or State & Federal Sources
. The Annual Operating Budget supports the CIP through significant cash
funding over $60 million and debt service
Total Operating Budget
FY07 $1,639.515,908
Capital Budget
FY07-$214,569,984
Debt Service 5124,202,936 Capital Project Cash 560,458,227
November 14, 2006
- 11 -
CITY MANA GER 'S BRIEFING
DEBT AS A BUDGET DRIVER
ITEM # 55777 (Continued)
Mrs. Whitesell advised Debt service is 7.6% of the total Operating Budget and has increased by thirty-
three (33%) percent over the last ten (10) years. Debt Service is projected to increase by ten (10%)
percent next year and twenty-eight (28%) percent over the six (6) years of the Capital Improvement
Program (CIP).
In 1990, seventy-six (76%) percent of the Capital Budget was comprised of debt (approximately $139-
MILLION). In the 2007 Capital Budget, approximately forty-five (45%) percent is comprised of debt
Debt Service As A Budget Driver
. Bonded Debt today is a lesser percentage of the Capital Budget than 20 years ago
. Debt Service to General Government Expenditures has decreased over the last 10 years
from 10.1%to 8.0%
. Take advantage of refunding opportunities when possible
Debt Repayment Sources
. General Fund $ 77.2-MILLION
. School's portion is $40.3 million
. Water & Sewer Fund $ 13.2-MILLION
. Storm Water Fund $ 1.6-MILLION
. Dedicated Sources $ 32.2-MILLION
. Dedicated Sources includes ARP, Town Center TIF, Major Projects Fund, TGIF, &
Open Space
Major Types of Debt Available
. General Obligation Bonds
. Charter Bonds
. Referendum Bonds
. Utility (Revenue) Bonds
. Appropriation Backed Debt - Requires City Council's Dedication
of Revenue Public Facility Revenue Bonds
. Lease/Purchase of Equipment
Decision to Use Debt
. Review of Capital Improvement Program Needs
. Review of Non-Debt Funding Options
. Expected Life of the Capital Project
. Debt is Appropriated as Last Choice
November 14, 2006
- 12 -
CITY MANA GER 'S BRIEFING
DEBT AS A BUDGET DRIVER
ITEM # 55777 (Continued)
Major Types of Debt Available
. General Obligation Bonds
. Charter Bonds
. Referendum Bonds
. Utility (Revenue) Bonds
. Appropriation Backed Debt - Requires City Council's Dedication of Revenue
. Public Facility Revenue Bonds
. Lease/Purchase of Equipment
Debt Capacity in Addition to Current 6-Year Capital Improvement Program
. $6-MILLION before exceeding Charter Bond Capacity
. $122-MILLION before exceeding the $2,400 debt per capita figure
The Long View
. Future Debt Requirements - Council Priorities
. Major Transportation Projects
. Southeastern Parkway
. Completion of Partially Funded Roadways
. Waste Management
. Fire Stations
. Difficult to add many new projects
. Reduction in Real Estate Tax Rate, over time, could reduce cash to support ClP, and will put
pressure on more debt
. Issuance of new debt will need a dedicated revenue source
. Debt is a serious consideration for all levels of government in America
Mrs. Whitesell advised the HoteVmeaVcigarette taxes were increased for the Convention Center,
Sandler Center for Performing Arts and the Open Space debt issuance. The Emergency Operating
Center was through Public Facility Revenue Bonds. The 911 Tax rate was increased to support this
facility. The introduction section of the Capital Improvement Program provides the actual annual
recalculation for Charter Debt. There is almost no capacity in the next two (2) years. The capacity really
exists in Fiscal Years 3,4 and 5.
Council Lady Henley referenced the status and resolution of ClP Prioritization Exercise distributed by
David Hansen, Chief - Finance and Technology on August 22, 2006. The exercise contained the
Requested but Not Funded List from the Capital Improvement Program (blue sheets); Commitments
and Obligations Project List (white sheets); and currently Approved Capital Projects List with Funding
by Year (pink sheets). Mr. Hansen had asked that Members of City Council classify the projects (blue
sheet, the white sheet, and any added by City Council), as HIGH, MEDIUM, or LOW in importance
Council Lady Henley expressed concern if all the ending Fund Balance was expended to design several
projects, the projects have not been completed and the liability still exists. Concern was expressed re the
large dollar amount contained in the Retiree Health Care liabilities
November 14, 2006
- 13 -
C IT Y MANA G E R 'S B R IE FIN G
DEBT AS A BUDGET DRIVER
ITEM # 55777 (Continued)
Vice Mayor Jones understood the Governmental Accounting Standards Board (GASB) 45 Liability has
encompassed all the employees and made an assumption that a certain percentage of those employees are
going to retire early and the Health Insurance must be paid for by the City until Medicare age is reached.
Vice Mayor Jones wondered if that is reasonable for the City to contemplate and should an accrual
liability be established for this purpose. This issue needs to be discussed as a separate issue. Mrs.
Phillips advised this is a Governmental Accounting Standards Board (GASB).
Councilman DeSteph requested Governmental Accounting Standards Board (GASB) 45 Retiree Health
Care Liabilities be discussed during the Workshop Session of November 21, 2006. The City Manager
advised the Health Care Rates for Retirees are effective January 1, 2007. The City has approximately a
year to make the decision concerning the GASB 45 regulation and funding. The staff has been meeting
with Virginia Beach City Schools.
The City Council was polled. If the consultants can attend, the City Manager shall schedule
Governmental Accounting Standards Board (GASB) 45 and Health Care Briefing (City Council
Conference Room) - November 21, 2006 at 4:00 P.M, following the Five-year Forecast at 3:00 P.M.
(Building 19 AlB). If the consultants cannot attend, the Mayor shall call a Special Session regarding this
topic.
City Council RECESSED 3:26 P.M. - 3:35 P.M.
November 14, 2006
- 14-
CITY MANA GER 'S BRIEFING
BUDGET EXECUTION REPORTS
3:35 P.M.
ITEM # 55778
The City Manager advised the suggested Budget Execution Reports are a new feature. In order to
provide City Council with an understanding of departmental programs, financing and priorities, a 'year
'round series of briefings by the Department Directors is being proposed as a Pilot for two (2) months.
These briefings will be on the first and third Tuesday of every month and will generally last thirty (30)
minutes. Directors will discuss spending trends, current projects and hot topics within their budget unit.
Each briefing will use the single page format which provides both budgetary and operational
information.
POLICE
Chief A.M. Jacocks, reiterated information concerning his Police Budget Execution Report.
Police:
Comparison of Current Rate of Expenditures with Projections
"'"
J
"""
0"
J~ A~ s~ ~ ~ ~ ~ Feb MM ~ _ b
1___ FY 07 Rate _Fixed M:lnthly Rate I
...Growing responsibilities
...Gang Strategy
"Deterioration of facilities/space needs
..Technology needs
...Sworn Staffing
"DOJ Consent Decree
Revised FY 2006-07 Budget
U'IilO/TTll&
'-
Key Services --
Reduc,e cnme and fear of crime
Investigate and solve crime
. Time!y' response to emergencies
Results -
Crima Hate and clearances
Emergency response time
Current Projects -
. ePRO Phase II
.Helicopter Replacement
'Headquarters Basement
Revised Exp to Oat.
Prooram GrouD FY 2006-07 FY 2006-07 FTE'.
Administration $ 5,881,392 $ 1,280,098 52.45
Animal Control 2,208,553 488,413 33.00
Investigation 18,248,392 3,989,128 206.00
SOlVices 4,057.935 854,100 58.00
Uniform 55,223,953 12,588,418 668.57
Total $ 83,820,225 $ 19,180,158 1.018.02
Part 1 crime has been reduced by 1.8% this year. Violent crime has increased 1. 7% compared to last
year. Part 1 property crimes have decreased by 5.4%. The overall Part 1 Crime Clearance Rate is
27.9%.
Virginia Beach Clearance Rate
National Average
Part 1 Violent Crime
Part 1 Property Crime
55.4%
25.4%
38.5%
12.9%.
The response time to mercy calls for service has remained "flat" for the last several years at 6.3 minutes
(from the time the call comes into communications until the Police Officer is on the scene - the actual
time for the Officer once receiving the call until on the scene is approximately 3.8 minutes.
November 14, 2006
- 15 -
C IT Y MANA G E R 'S B R IE FIN G
BUDGET EXECUTION REPORTS
POLICE
ITEM # 55778 (Continued)
The first phase of ePRO entailed a Web based reporting system. Citizens can print off accident, incident,
and neighborhood crime reports, as well as cross reference by street name. During the first six (6)
months, there were 5,000 hits on that site. Approximately 10,000 printed copies of accident and incident
Police reports had been previously provided from headquarters to the citizens. Now the information is
more accessible. During the first six (6) months since implementation of this system, the citizens have now
received "on line" 24,000 incident and 18,000 traffic accident reports. The ePRO Phase II will
commence November 15, 2006. Citizens will actually file on line less serious crime reports (i.e.
destruction of property, annoying phone calls).
Homeland Securities responsibilities have increased during the last several years for local law
enforcement. The Oceanfront responsibilities will increase as the Convention Center is completed. The
continued development of Town Center (520 residential units) and other residential development will
require and compete for additional police resources. Because of the increased demand in the Town
Center area, funding in the FY 2007-2008 was requested for an additional Police Sergeant, twelve (12)
Police Officers and one (1) Community Service Police Officer. These requests were not funded.
Concerning gang strategy, Virginia Beach has been working closely with other cities and states in the
enforcement and intervention areas. A city-wide Parents Summit will be presented February 2007.
Special Operations and Animal Control was depicted in the FY 2006-2007 Capital Improvement Program
(CIP) and the Fourth Precinct was in the FY 2009 Capital Improvement Program (CIP). Both now
appear in the "requested but not funded" category. Capital Improvement Projects for mobile field
reporting and electronic ticketing have been "requested but not funded ". The sworn staffing currently
has thirty-four (34) recruits in the Academy, graduating on January Thirty-jirst. These recruits will
complete field training and be "on the street" by May. There are currently twenty-one (21) sworn
vacancies, which is an improvement from the previous seventy (70) vacancies. Another Police Academy
is scheduled to commence on January Sixteenth. Forty-jive (45) of one hundred twenty-seven (127)
individuals named in the Department of Justice (DOJ) Consent Decree have applied for some form of
relief All forty-jive (45) are seeking monetary relief, but only eighteen (18) are seeking hiring relief A
preliminary review of those individuals indicates approximately only thirty-six (36) will be eligible for
some form of relief These figures are preliminary and the information is still being reviewed with the
United States Department of Justice and the City Attorney's office.
November 14, 2006
- 16 -
C IT Y MANA G E R 'S B R IE FIN G
BUDGET EXECUTION REPORTS
LIBRARIES
4:00 P.M.
ITEM # 55779
Martha J Sims, Director - Libraries, advised there is a distinct link between crime and education. Eighty
(80%) percent of the inmates in Federal prisons are illiterate. The States of Indiana and California
encompass, within their formula, predicting the future number of jail cells are based on Second and
Third grade reading scores.
Libraries' Mission is to support City Council's goal of providing quality education and life long learning
opportunities to our citizens. The Public Libraries support our citizens at every age as they pursue
independent learning, job training and formal education. The City will invest $17.5-MILLION in library
services. Library services are provided at thirteen (13) separate library agencies. The Central Library,
The Bayside, Great Neck, Oceanfront, Pungo/Blackwater and Windsor Woods Libraries provide 6-day a
week service. 7-days-a-week service is offered at the Central, Kempsville and Princess Anne Libraries.
Specialized services are provided by the South Rosemont Youth Library (collaboration with the Boys and
Girls Club), the Bookmobile and the Wahab Public Law Library (supported by $3.00 of every civil case
filed in the City), Municipal Reference Library. Within the Bayside Library, special services are provided
for the blind and visually handicapped. Within the next few months The Bookmark Cap, a coffee shop,
will be opening in the Central Library. Fifty-nine (59%) percent of the citizens are registered library
users. On an average day, fifteen hundred (1,500) customers visit the Libraries' Website (staying
between 5 minutes and two (2) hours. There has been a twenty-five percent (25%) increase in on-line
activity from October 2005 to the present.
Libraries:
Comparison of Current Rate of Expend~ures w~h Projections
Revised FY 2~7 Budget
100%
'"
80%
70%
~ 60%
5 50"
a.. 40%
Key Services -
. Library Services: "13 locations
0"'" . Records Management: City. schools, and courts
Ju AlJ'J Sep Oct Nav Dee Jan Feb Mar Apr May Jun . V1rtual Library
.........FY07Rale _Fixed'-bnlhIyRale I . $25M Capltallnv8stment in LIbraries over the past 6
years
'New BMB under construction - ETA Summer 2007
Results -
. ROlon thiS investment ShO\'ffi on next slide
. Over 5 3M Hits on Library website annually - second
highest
'KV Library Renovation - Last of the Library
Renovations Projects
Revised Exp to Date
Proaram Group ~ FY 2006-07 ITS:!
Administration $ 1,428,347 $ 256,274 12.50
law Library 436,196 76,140 3.50
Public Services 10,758,830 2,396,816 218.66
Support Services 4.948.461 1,400.169 30.00
Total $ 17,571,837 $ 4,133,399 264.86
'TCC/City Joint Use Library - Due to inflation.
additional CIP funding needed
'Records Management Modernization
November 14,2006
- 17 -
C IT Y MANA G E R 'S B R IE FIN G
BUDGET EXECUTION REPORTS
LIBRARIES
ITEM # 55779 (Continued)
The new Bookmobile is under construction and due for delivery in Summer 2007. The services will focus
on youth in Targeted Neighborhoods. The final capital project is a major collaborative project between
the City and Tidewater Community College to construct a 120,000 square foot library on campus. The
model for this facility was San Jose State University and San Jose Public Library, which was the premier
joint use project in the United States. The next step will be to assist Tidewater Community College in
securing approximately $38-MILLION to fund their share. If successful, the State will begin developing
a Request For Proposal (RFP) re design services within the next few months.
The Department of libraries has assumed responsibility of Records Management. Proposals will be
established to automate the inventory control aspects. Planning will commence re an overall, city-wide
enterprise system of electronic records management.
The Friends of the Library and the Virginia Beach Library Foundation provide Libraries with
approximately $13,000 each year.
The City Manager's Budget Execution Report will be RESCHEDULED.
November 14, 2006
- 18 -
AGENDA RE VIE W SESION
4:20 P.M.
ITEM # 57780
BY CONSENSUS, the following shall compose the CONSENT AGENDA:
J. RESOLUTION/ORDINANCES
1. Resolution to REQUEST the Commonwealth of Virginia Transportation Board
(VDOT) establish a project for the completion of the Pacific Avenue Trail
project at South Lake Holly
2. Ordinance to AUTHORIZE the City Manager to execute a Memorandum of
Understanding (MOU) with the Contemporary Art Center of Virginia for the
1215 Magna Carta 2007 historical exhibition
3. Ordinance to AUTHORIZE the acceptance in fee simple of a dedicated
privately owned borrow pit located adjacent to Woodstock Cove known as
Woodstock Lake
DISTRICT 2 - KEMPSVILLE
4. Ordinances to ACCEPT and APPROPRIATE:
a. $49,370from the United States Department of Justice to the Police
Department's FY 2006-2007 Operating Budget for the purchase of
bulletproof vests
b. $18,950from the Fire Department Gift Fund to the Fire Department's
FY 2006-2007 Operating Budgetfor their Centennial Celebration
Mayor Oberndorf advised. Stihl was very generous by donating $10,000 as well as other contributions,
re the Fire Department's Centennial (4.b.)
Council Lady Wilson will ABSTAIN on Item J.3 (Woodstock Lake). 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.
November 14, 2006
- 19 -
AGE N DA REV IE W S E S S ION
ITEM # 55781
K.l. Application of AIH- TW A ASSOCIA TES, L.L. C. for a Modification of the Indian
Lakes Land Use Plan at Ferrell Parkway and Indian River Road re gasoline sales.
(approved by City Council September 20, 1971)
DISTRICT 1 - CENTERVILLE
Councilman Villanueva had questions regarding the Second Phase.
ITEM # 55782
K.2. Application of PRINCESS ANNE SHOPPES for a Modification of Proffer No.9
which restricts the type of uses on the site at North Landing Road and George
Mason Drive re a veterinarian office. (approved by City Council March 9,2004)
DISTRICT 7 - PRINCESS ANNE
This item will be discussed during the Formal Session re the condition that this facility will not be used
to board or kennel animals overnight.
ITEM # 55783
K. 3. Application of J. D. and RANDI VOGEL for a Modification of Conditions of a
Conditional Use Permit at 2388 - 2400 London Bridge Road re relocation of a
commercial recreational/entertainment facility. (approved by City Council
November 9,2004)
DISTRICT 7 - PRINCESS ANNE
Council Lady Henley advised this property entailed a number of different uses, each application governed
by a different Conditional Use Permit. This application only involves the seasonal display between
Thanksgiving and New Year's Day. Council Ladies Henley and McClanan had not received any
opposition to this particular use, but had received citizen complaints re their Halloween activities.
Council Lady McClanan advised an adjacent resident complaining to the Police Department re the chain
saws and screaming at 11 :00 P.M. was told that he could not complain as the activity has a Conditional
Use Permit to operate. This item shall be discussed during the Formal Session. Council Ladies Henley
and McClanan believe the overall operation of the facility should be reviewed.
Karen Lasley, Zoning Administrator, advised the City Council approved the Conditional Use Permit for
the Halloween Haunted Hayride on October 22, 1991. The only condition on this approval was closure
at 11:00 P.M.
November 14, 2006
- 20-
AGENDA RE VIE W SESSION
ITEM # 55784
BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda:
4. Application of ABOUNDING GRACE ASSEMBLY (Pastor Warren E.
Singleton) for a Conditional Use Permit for a church at 5105 Princess Anne
Road.
DISTRICT 2 - KEMPSVILLE
5. Application of BA YSIDE CHRISTIAN CHURCH for a Conditional Use Permit
to allow construction of an additional structure for child care in conjunction with
an existing church at 2224 Greenwell Road.
DISTRICT 4 - BAYSIDE
6. Application of ELL MER PROPERTIES, L.L. C. for a Conditional Use Permit re
an automotive repair garage and bulk storage yard at 656 Military Highway.
DISTRICT 2 - KEMPSVILLE
7. Application of FRANKLIN GAMBITO and LEONARD C. TUCAY for a
Conditional Use Permit re a church and fellowship hall at 5317 Bayside Road.
DISTRICT 4 - BAYSIDE
8. Application of JBA ONE, L.L.C. for a Conditional Use Permit re motor vehicle
sales, service and bulk storage at 930 and 940 South Military Highway.
DISTRICT 1 - CENTER VILLE
9. Application of ANTHONY & CATHLEEN LINCOLN for a Conditional Use
Permit re an outdoor recreational facility (skateboard ramp)at 637 Fort Raleigh
Drive. DISTRICT 6 - BEACH
10. Application of LOUISA AVENUE and VIRGINIA BEACH BOULEVARD,
INC. for a Conditional Use Permit re a bulk storage yard at Louisa Avenue and
Virginia Beach Boulevard.
DISTRICT 6 - BEACH
Mayor Oberndorf, Council Members Henley and McClanan shall vote a VERBAL NA Y on Item K. 6
(ELLMER PROPERTIES, L.L.C.)
Council Members McClanan and Wilson referenced correspondence from the Historic Sites Organizing
Committee requesting an extension to February 27, 2007, for their report and the Committee to dissolve
April 30, 2007. This extension and the Committee's request to dissolve April 30, 2007, will be discussed
in Formal Session.
November 14, 2006
- 21 -
ITEM # 55785
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 thefollowingpurpose:
PERSONNEL MATTERS: Discussion, consideration or interviews of
prospective candidates for employment, assignment, appointment,
promotion, performance, demotion, salaries, disciplining or resignation
of specific public officers, appointees or employees pursuant to Section
2.2-3711 (A)(1)
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/Disposition of Property: Centerville District
Bayside District
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).
Shaunda Brandon v. City of Virginia Beach, et al.
SPSA - Compost Facility
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, City Council voted to proceed
into CLOSED SESSION (4:40 P.M.).
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
William R. "Bill" DeSteph and James L. Wood
(Closed Session: 4:40 P.M. - 5:55 P.M.)
(Dinner: 5:55 P.M. -6:10 P.M.)
November 14, 2006
- 22-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
November 14, 2006
6:25 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, November 14,2006, at 6:25 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. Oberndorf, John E. Uhrin, Ron A. Villanueva and
Rosemary Wilson
Council Members Absent:
James 1. Wood
[Wife undergoing
Surgery)
INVOCATION: Reverend John Baldwin
Rector, Emmanuel Episcopal 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 of which she does not have personal knowledge. In order to
ensure her compliance with both the letter and the spirit of the State and Local Government Conflict of
Interests Act, it is her practice to thoroughly review the agenda for each meeting of City Council for the
purpose of identifying any matters in which she might have an actual or potential conflict. If, during her
review she identifies any matters, she will prepare and file the appropriate disclosure letter to be
recorded in the official records of City Council. Council Lady Wilson regularly makes this disclosure.
Council Lady Wilson's letter of January 27,2004, is hereby made a part of the record.
Council Lady Rosemary Wilson DISCLOSED she is a real estate agent affiliated with Prudential Decker
Realty. Because of the nature of Real Estate Agent affiliation, the size of Prudential, and the volume of
transactions it handles in any given year, Prudential has an interest in numerous matters in which she is
not personally involved and 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.
November 14, 2006
- 23 -
Item V-E.
CERTIFICATION OF CLOSED SESSION
ITEM # 55786
Upon motion by Councilman Dyer, seconded by Council Lady Wilson, 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: 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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
November 14, 2006
RESOLUTION
CERTIFICATION OF CLOSED SESSION
VIRGINIA BEACH CITY COUNCIL
WHEREA~ The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the
affirmative vote recorded in ITEM # 55785 Page 21, and in accordance with the provisions of The Virginia
Freedom of Information A~ and,
WHEREA~ Section 22-3712 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 VEl>. 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
November 14,2006
- 24-
Item V-F.1.
MINUTES
ITEM #55787
Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the
Minutes of the INFORMAL and FORMAL SESSIONS of November 7, 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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James 1. Wood
November 14, 2006
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
BY CONSENSUS, City Council ADOPTED:
- 25 -
ITEM #55788
AGENDA FOR THE FORMAL SESSION
November 14,2006
- 26-
Item V-G. 2.
RECOGNITION
ITEM #55789
Mayor Oberndorf recognized the following Boy Scouts in attendance to fulfill requirements for their
Communications and Citizenship badges.
Troop 363
Haygood United Methodist Church
Daniel Campbell
Matthew Questore
Adam Shea
Ben Thomas
David Thomas
Stacy Thomas
Committee Member
Pack Mother
Mayor Oberndorf presented each student with a City Seal pin from the City of Virginia Beach.
November 14, 2006
- 27-
Item V-H.
PUBLIC HEARING
ITEM # 55790
Mayor Oberndorf DECLARED A PUBLIC HEARING:
COMPLETION OF PACIFICA VENUE TRAIL
There being no speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING.
November 14,2006
- 28 -
Item v'J.
RESOLUTION/ORDINANCES
ITEM #55791
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE
MOTION Resolution/Ordinances 1,2,3 and 4a/b 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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
Council Lady Wilson ABSTAINED on Item J.3. (Woodstock Lake) Her husband is a principal in the
accountingjirm of Goodman and Company and personally provides services to the donor of Woodstock
Lake at Woodstock Cove.
November 14,2006
- 29-
Item V, J. 1.
RESOLUTION/ORDINANCES
ITEM #55792
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Resolution to REQUEST the Commonwealth of Virginia Transportation
Board (VDOT) establish a project for the completion of the Pacific
Avenue Trail project at South Lake Holly
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James 1. Wood
November 14, 2006
1
2
3
4
5
6
A RESOLUTION TO REQUEST THE COMMONWEALTH
TRANSPORTATION BOARD TO ESTABLISH A
PROJECT FOR THE COMPLETION OF THE PACIFIC
AVENUE TRAIL PROJECT
WHEREAS, in accordance with Commonwealth Transportation Board
7 Construction Allocation Procedures, it is necessary that City
8 Council request by resolution that the Virginia Department of
9 Transportation establish a transportation enhancement project in
10 the City of Virginia Beach.
11 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
12 VIRGINIA BEACH, VIRGINIA:
13
1.
That the City of Virginia Beach hereby supports an
14 application for grant funds in the amount of $423,372 and requests
15 the Commonwealth Transportation Board to establish a project for
16 the completion of the Pacific Avenue Trail Project.
17
2. That the City of Virginia Beach hereby agrees to provide
18 matching funds of at least twenty percent ($105,843) of the total
19 amount of planning and design, right of way, and construction of
20 this project (which totals $529,215 as submitted to the Virginia
21 Department of Transportation), and that, if the City of Virginia
22 Beach subsequently elects to cancel this project, the City of
23 Virginia Beach hereby agrees to reimburse the Virginia Department
24 of Transportation for the total amount of costs expended by the
25 Virginia Department of Transportation for this project through the
26 date that the Virginia Department of Transportation is notified of
27 such cancellation.
28
Adopted by the Council of the City of Virginia Beach,
29
Virginia, on the 14th
day of November
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
, hLflU / J::4ffl0.
City Attorney's flce
CAI0204
V:\applications\citylawprod\cycom32\Wpdocs\D001\P001\O0022895.DOC
R-3
November 2, 2006
-
~
ATLANTIC
OCEAN
SITE
PURPOSE: PACIFIC AVENUE TRAil
DATUM: NORTH AMERICAN VERTICAL
DATUM 1988
ADJACENT PROPERlY OWNERS:
SEE ATTACHED PLAN VIEW DRAWING
WEST SIDE OF PACIFIC AVE.
BETWEEN
NORFOLK AVE. AND
WINSTON SALEM AVE.
(WALKWAY)
VICINITY MAP
SCALE: 1" = 1000'
IN: VIRGINIA BEACH
AT: LAKE HOLLY
CITY OF VIRGINIA BEACH STATE: VIRGINIA
APPLICATION BY: CITY OF VIRGINIA BEACH
SHEET 1 OF 3
DATE: 9/5/06
- 30 -
Item v'J.2.
RESOLUTION/ORDINANCES
ITEM #55792
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to A UTHORlZE the City Manager to execute a
Memorandum of Understanding (MOU) with the Contemporary Art
Center of Virginia for the 1215 Magna Carta 2007 historical exhibition
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
November 14, 2006
. .
1
2
3
4
5
6
7
AN ORDINANCE TO AUTHORIZE THE CITY
MANAGER TO EXECUTE A MEMORANDUM OF
UNDERSTANDING WITH THE CONTEMPORARY ART
CENTER OF VIRGINIA FOR THE MAGNA CARTA
EXHIBITION
WHEREAS, in observance of the 400th anniversary of the
8 landing of the Jamestown Settlers at Cape Henry and the founding
9 of Jamestown, the City desires to bring one of the four existing
10 exemplars of the 1215 Magna Carta, signed by King John, to
11 Virginia Beach for exhibition in 2007; and
12
WHEREAS, Lincoln Cathedral is the owner of a 1215 Magna
13 Carta exemplar and has expressed an interest in lending a Magna
14 Carta exemplar and other documents and artifacts for exhibition
15 in Virginia Beach in 2007 ("Exhibit"); and
16
WHEREAS, the Contemporary Art Center of Virginia ("CACV")
17 has been identified by the City as the choice of venue for the
18 Exhibi t; and
19
WHEREAS, the CACV has agreed to host the Exhibit and to
20
coordinate related operational,
educational and fundraising
21 activities; and
22
WHEREAS, in August 2006, the City Council ("Council")
23 adopted an ordinance to increase the Department of Museums'
24 fiscal year 2006/07 operating budget by six hundred and twenty
25 thousand eight hundred and eight dollars ($620,808) for the
26 purpose of providing additional funding for the design and
27 fabrication of the Exhibit and for operational expenses; and
28
29
WHEREAS, the August 2006 ordinance adopted by Council also
established
capital
improvement
project
identified
as
a
30 "Contemporary Art Center Renovations for Magna Carta 2007" ("CIP
31 #3-039"), and transferred two hundred and twenty-five thousand
32 dollars ($225,000) to CIP #3-039; and
33 WHEREAS, the funds in CIP #3-039 are to be used to upgrade
34
securi ty and surveillance
equipment,
renovate
exhibit
to
35 galleries, to install portals between galleries and public
36 spaces, to improve humidification controls, and to upgrade the
37 ticketing and point-of-sale systems in the CACV (the "Project");
3 8 and
39
40
WHEREAS, the CACV has agreed to contract
professional design firm to design and fabricate the
wi th a
exhibit;
41 and
42 WHEREAS, to ensure Virginia Beach as a venue for the
43 Exhibit, the City and CACV wish to enter into a Memorandum of
44 Understanding whereby the City will provide funding to the CACV
45 and CACV will facilitate, oversee, and manage all aspects of the
46
47
48
49
50
51
design,
fabrication,
and installation of the Exhibit and
upgrades to the CACV building.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH:
1. That the attached Memorandum of Understanding regarding
the Magna Carta Exhibit is hereby approved; and
2
52
2.
That the City Manager is hereby authorized and directed
53
to execute the Memorandum of Understanding on behalf of
54
the City of Virginia Beach.
55
56
Adopted by the Council of the City of Virginia Beach,
57
Virginia on the 14th day of November
, 2006.
Approved as to Content
Approved as to Legal Sufficiency:
A- 1'--71 Y-f../",--
City Attorney's Office
of Museums
CAI0043
X:\PA\GG\Ordres\Magna Carta ORD.doc
November 3, 2006
R-3
3
SUMMARY OF TERMS
MEMORANDUM OF UNDERSTANDING WITH THE
CONTEMPORARY ART CENTER OF VIRGINIA FOR
THE MAGNA CART A EXHIBITION
City's Responsibilities:
. Give the Contemporary Art Center of Virginia ("CACV") $772,808 from the
Department of Museums' FY 2006/07 operating budget ("Funds").
. Give CACV up to $225,000 from CIP #3-039 ("Capital Funds").
. Department of Museums to designate a representative to serve on exhibit team
with CACV staff.
Contemporary Art Center of Virginia's Responsibilities:
. Spend Funds received from City on design, fabrication, and installation of the
Magna Carta exhibit ("Exhibit").
. Employ a project manager, and pay his/her salary, for the purpose of raising
capital and operational funds through capital campaigns and fundraising appeals.
. Spend Capital Funds received from City on design, fabrication, and installation of
improvements and upgrades to the CACV building (the "Project").
. Coordinate, oversee and administer construction of the Project.
. Reimburse City for Funds by depositing with the City the initial $620,808 of
revenue generated from admissions fees, merchandise sales, sponsorships, and
exhibit rentals. Any additional monies generated by the Exhibit in excess of
$620,808 will be divided equally between the City and CACV.
. No obligation to reimburse City for Capital Funds.
. Provide City with monthly reports on fundraising activities and progress of
design, fabrication, and installation of Exhibit.
. Provide a drug-free workplace and not discriminate against any employee or
applicant.
. Require contractors performing capital improvement on the CACV building to
secure and maintain insurance policies, naming City as an additional insured_
. Identify all marketing and advertising materials with "Virginia Beach 2007."
MEMORANDUM OF UNDERSTANDING
This Memorandum of Understanding ("MOU") made and entered into as of this
_ day of , 2006, by and between the CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia ("City"), and the
CONTEMPORARY ART CENTER OF VIRGINIA, a nonprofit, noncollecting
institution ("CACY').
RECITALS
A. In observance of the 400th anniversary of the landing of the Jamestown
Settlers at Cape Henry and the founding of Jamestown, the City desires to
bring one of the four existing exemplars of the 1215 Magna Carta, signed by
King John, to Virginia Beach for exhibition in 2007.
B. Lincoln Cathedral ("Lincoln"), located in Lincoln, England, is the owner and
custodian ofa 1215 Magna Carta exemplar. Lincoln has expressed an interest
in lending the exemplar and other documents and artifacts for exhibition in
Virginia Beach in 2007 ("Exhibit"). The Exhibit is currently scheduled to
open in Virginia Beach in March 2007.
C. The Contemporary Art Center of Virginia ("CACY') has been identified by
the City as the choice of venue for the Exhibit. The CACV was founded in
1952 to foster awareness, exploration and understanding of significant art and
to involve a diverse regional public in the rich and active language of visual
art.
D. The CACV has agreed to host the Exhibit, to contract with Lincoln for the use
of the documents and artifacts, and to coordinate related operational,
educational and fundraising activities. The CACV may also borrow additional
documents and artifacts from other lending institutions for use in the Exhibit.
The CACV has agreed to be liable for all documents and artifacts loaned to
CACV for the Exhibit.
E. In May 2006, the Virginia Beach City Council ("Council") adopted a fiscal
year 2006/07 operating budget for the Department of Museums that included
one hundred and fifty two thousand dollars ($152,000) for operational
expenses for the Exhibit.
F. The Council adopted an ordinance in August 2006 to increase the Department
of Museums' fiscal year 2006/07 operating budget by six hundred and twenty
thousand eight hundred and eight dollars ($620,808) for the purpose of
providing additional funding for design and fabrication of the Exhibit and for
operational expenses.
G. To ensure that the CACV is capable of hosting an exhibition of historical
documents and artifacts, the August 2006 ordinance adopted by Council
established a capital improvement project identified as Capital Improvement
Program #3-039, "Contemporary Art Center Renovations for Magna Carta
2007" ("CIP #3-039"), and transferred two hundred and twenty-five thousand
dollars ($225,000) to CIP #3-039. The funds in CIP #3-039 are to be used to
upgrade security and surveillance equipment, to renovate exhibit galleries, to
install portals between galleries and public spaces, to improve humidification
controls, and to upgrade the ticketing and point-of-sale systems in the CACV
(the "Project").
H. The CACV has agreed to contract with a professional design firm experienced
in the design, fabrication and installation of museum quality exhibits, and in
the care, handling, and display of fragile and environmentally sensitive
documents and artifacts.
AGREEMENT
The parties to this MOU, for and in consideration of the mutual efforts to ensure Virginia
Beach as a venue for the Exhibit, agree as follows:
Section 1 - Obligations of the City
The City shall give CACV seven hundred seventy-two thousand eight hundred and eight
dollars ($772,808) from the Department of Museums' FY 2006/07 operating budget (the
"Funds"). The Funds shall be expended by CACV as set forth in Section 2 (A) of this
MOD. The Funds shall be reimbursed to the City by CACV in accordance with Section 2
(D) of this MOD.
The City shall give CACV up to two hundred and twenty-five thousand dollars
($225,000) from CIP #3-039 (the "Capital Funds"), pursuant to Section 2 (B) of this
MOD. The Capital Funds shall be expended by CACV as set forth in Section 2 (B)
below.
The City's Department of Museums shall designate a representative to serve on the
exhibit team with the CACV staff and the design firm hired by CACV.
Section 2 - Obligations of CACV
A. Expenditure of Funds
CACV shall apply all Funds received from the City towards design, fabrication and
installation of the Exhibit, shipping costs for documents and artifacts, and operational
costs directly related to the Exhibit, including, but not limited to, advertising,
merchandising, security, ticketing and transportation. CACV shall employ a project
manager for the purpose of raising capital and operational funds through capital
campaigns and fundraising appeals, and assisting with logistical details in preparation
for the Exhibit. The payment of the project manager's salary shall come from the
Funds.
2
Any costs for the Exhibit which exceed the seven hundred seventy-two thousand
eight hundred and eight dollars ($772,808) authorized by the City shall be the
responsibility of the CACV.
B. Expenditure of Capital Funds
The Capital Funds appropriated in CIP #3-039 shall be used for the design,
fabrication, and installation of improvements and upgrades to the Contemporary Art
Center of Virginia building. The CACV shall make improvements and upgrades to
the following: security and surveillance equipment, gallery renovations, installation
of portals between galleries and public spaces, humidity controls, and ticketing/point
of sale system.
After incurring Project costs, the CACV shall submit requests for payment to the City
and the City shall reimburse CACV for Project costs in an amount up to two hundred
and twenty-five thousand dollars ($225,000). Requests for payment shall be made by
CACV to the Department of Museum on the fifteenth (15th) of each month and shall
include copies of invoices from contractors and vendors for services rendered and
equipment or materials delivered. Any Project costs which exceed two hundred and
twenty-five thousand dollars ($225,000) shall be the responsibility ofthe CACV.
C. Administration of the Project
The CACV shall coordinate, oversee, and administer construction of the Project and
shall construct the Project in accordance with the City of Virginia Beach Building
Design Standards. Construction on the Project shall begin no later than November
15, 2006 and shall be completed no later than March 30, 2007, subject to delays for
weather, acts of God, shortage of materials, or other matters beyond the control of the
CACV. Time is of the essence in this MOU.
All capital building plans shall be reviewed and approved by the Director of the
Department of Museums, or her designee, and the City's Department of Public Works
prior to the commencement of the construction. Construction plans shall comply with
all applicable federal, state, and local laws and regulations_ The CACV shall obtain
all permits and approvals required by federal, state, and local laws. The CACV shall
permit the City to enter upon the Project construction site at any time during the term
of this MOU to perform any needed inspections of the Project.
During the Project construction period, the Executive Director of CACV, or his
designee, shall meet periodically with the City's Departments of Museums and Public
Works, and the architects and contractors for the Project, to review plans and evaluate
progress. The parties shall review the overall conceptual design, general site
considerations, and Project budget.
D. Reimbursement of Funds and Capital Funds
The Funds shall be reimbursed by CACV to the City as follows:
3
After the Exhibit opens in 2007, the CACV shall deposit the initial six hundred and
twenty thousand eight hundred and eight dollars ($620,808) of revenue generated
from admissions fees, merchandise sales, sponsorships and exhibit rentals to the City
Treasurer (under revenue code #416705).
Fifty percent (50%) of any additional monies generated by the Exhibit from
admissions fees, merchandise sales, sponsorships and exhibit rentals, in excess of the
initial six hundred and twenty thousand eight hundred and eight dollars ($620,808)
(the "Additional Monies"), shall be deposited by the CACV to the City Treasurer
(under revenue code #416705). The CACV shall retain the remaining fifty percent
(50%) of the Additional Monies for its own use.
CACV shall have no obligation to reimburse the City for Capital Funds.
E. Documentation Provided to City
CACV shall provide the City with monthly reports on fundraising activities and on
the progress of design, fabrication and installation of the Exhibit and the capital
improvements. Reports are to be provided by the fifth (5th) day of each month to:
Director, Department of Museums
717 General Booth Boulevard
Virginia Beach, VA 23451
F. Nondiscrimination/Drug-Free Workplace
During the performance of the MOU, CACV agrees as follows:
CACV will not discriminate against any employee or applicant for employment
because of race, religion, color, sex, national origin, age, disability, or any other basis
prohibited by state law relating to discrimination in employment, except where there
is a bona fide occupational qualification/consideration reasonably necessary to the
normal operation of CACV. CACV agrees to post in conspicuous places, available to
employees and applicants for employment, notices setting forth the provisions of this
nondiscrimination clause.
CACV, in all solicitations or advertisements for employees placed by or on behalf
of CACV, will state that CACV is an equal opportunity employer.
Notices, advertisements and solicitations placed in accordance with federal law, rule
or regulations shall be deemed sufficient for the purpose of meeting the requirements
of this section.
CACV will include the foregoing provisions in every subcontract or purchase order
of over ten thousand dollars ($10,000), so that the provisions will be binding upon
each subcontractor or vendor.
During the performance of this MOU, CACV agrees as follows:
CACV will provide a drug-free workplace for CACV's employees.
4
CACV will post in conspicuous places, available to employees and applicants for
employment, a statement notifying employees that the unlawful manufacture, sale,
distribution, dispensation, possession, or use of a controlled substance or
marijuana is prohibited in CACV's workplace and specifying the actions that will
be taken against employees for violations of such prohibition.
CACV will state in all solicitations or advertisements for employees placed by or on
behalf of CACV that CACV maintains a drug-free workplace.
CACV will include the foregoing provisions in every subcontract or purchase order
of over ten thousand dollars ($10,000), so that the provisions will be binding upon
each subcontractor or vendor.
G. Insurance
CACV shall require that its contractors performing capital improvements secure and
maintain in full force and effect, at all times during the term of this MOU, policies of
insurance as may be required by the City's Risk Management Division. All insurance
policies required herein shall name the City as an additional insured and shall be
issued by companies licensed to conduct the business of insurance in the
Commonwealth of Virginia. Each policy shall also contain a provision prohibiting
cancellation without thirty (30) days prior written notice to the City. Certificates of
insurance shall be delivered to the City promptly after the issuance of the respective
policies.
H. Marketing
All marketing and advertising materials and publications produced andlor distributed
by CACV for the Exhibit shall clearly identify the Exhibit as a Virginia Beach 2007
event.
Section 3 - Term
This MOU shall be effective upon execution and shall remain in effect until July 1, 2007,
or until such time as the Exhibit has been removed from the CACV, whichever shall
occur first. Termination of this MOD shall not effect CACV's obligation to reimburse
the City for the Funds, as set forth in Section 2 (D) above.
Section 4- Non-Assignment
Neither party shall assign its rights and/or obligations under this MOU without the prior
written consent of the other party.
Section 5 - Applicable Law and Venue
This MOU shall be deemed to be a Virginia contract and shall be governed as to all
matters, including but not limited to validity, interpretations, obligations, performance, or
otherwise, exclusively by the laws of the Commonwealth of Virginia. Any and all suits
for any claims and for any and every breach or dispute arising out of this MOU shall be
5
maintained in the appropriate court of competent jurisdiction in the City of Virginia
Beach.
Section 6 - Notice
Any documentation, correspondence, or notices required or permitted to be given
pursuant to this MOU shall be given by certified mail, postage prepaid, return receipt
requested as follows:
To the City:
Attention: Lynn Clements, Director of Museums
City of Virginia Beach
717 General Booth Blvd.
Virginia Beach, Virginia 23451
To CACV:
Attention: Cameron Kitchin, Executive Director
The Contemporary Art Center of Virginia
2200 Parks Avenue
Virginia Beach, Virginia 23451
Section 7 - Independent Contractors
In performance of this MOU, both the City and CACV will be acting in an individual
capacity and not as agents, employees, partners or joint venturers, or associates of one
another. The agents and employees of one shall not be construed to be agents or
employees of the other. Neither party shall have any liability with respect to any
financial obligations incurred by the other party.
Section 8- Default
In the event that CACV shall for any reason or through any cause be in default of the
terms of this MOU, the City may give CACV written notice of such default by certified
maillreturn receipt requested at the address set forth in paragraph 6 of this MOD. Unless
otherwise provided, CACV shall have ten (10) days from the date such notice is mailed in
which to cure the default. Upon failure of CACV to cure the default, the City may
immediately cancel and terminate this MOU as of the mailing date of the default notice.
Upon termination, CACV shall be reimbursed by the City for all funds properly expended
for the Project to date. In addition to the remedies set forth herein, CACV shall be
subject to all remedies available to the City in law and in equity.
Section 9- Hold Harmless-Indemnification
It is understood and agreed that CACV hereby assumes the entire responsibility and
liability for any and all damages to persons or property caused by or resulting from or
arising out of any act or omission on the part of CACV, its subcontractors, agents or
employees under or in connection with this MOD or the performance or failure to
perform any work required by this MOD. CACV agrees to indemnify and hold harmless
the City and its agents, volunteers, servants, employees and officials from and against any
and all claims, losses, or expenses, including reasonable attorney's fees and litigation
6
expenses suffered by any indemnified party or entity as the result of claims or suits due
to, arising out of or in connection with (a) any and all such damages, real or alleged, (b)
the violation of any law applicable to this MOD and ( c) the performance of the work by
CACV or those for whom CACV is legally liable. Upon written demand by the City,
CACV shall assume and defend, at CACV's sole expense, any and all such suits or
defense of claims made against the City, its agents, volunteers, servants, employees or
officials.
Section 10 - Entire Agreement
The parties agree that this MOU constitutes the entire agreement of the parties and that
there may be no modification of this MOU, except in writing, executed by the authorized
representatives of the City and CACV. The terms and provisions of this MOU shall be
binding upon and will inure to the benefit of the parties, their respective successors, and
assIgns.
As evidence of their agreement to the terms and conditions set forth herein, the parties
affix their authorized signatures hereto:
CONTEMPORARY ARTS CENTER OF VIRGINIA
By: ~C::---~
,
Title: tiiiYiiir:.lI M"~ ~'''~C'l't:I'~
CITY OF VIRGINIA BEACH
By:
City Managerl Authorized Designee
Approved as to Content:
Approved as to Legal Sufficiency:
llJJ~t~
Department of Museums
/1 {L.."y ~fl"'-1
City Attorrle ' s Office
Approved as to Content:
Approved as to Content:
~~Jfn!h~
PublIc Works
7C4~
Risk Management
7
- 31 -
Item v'J.3.
RESOLUTION/ORDINANCES
ITEM #55793
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinance to AUTHORIZE the acceptance in fee simple of a dedicated
privately owned borrow pit located adjacent to Woodstock Cove known
as Woodstock Lake.
DISTRICT 2 - KEMPSVILLE
Voting:
9-0 (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 and Ron A. Villanueva
Council Members Voting Nay:
None
Council Members Abstaining:
Rosemary Wilson
Council Members Absent:
James L. Wood
Council Lady Wilson ABSTAINED re Item J.3 {Woodstock Lake}. Her husband is a principal in the
accountingfirm of Goodman and Company and personally provides services to the donor of Woodstock
Lake at Woodstock Cove.
November 14, 2006
1
2
3
4
5
6
7
8
AN ORDINANCE TO AUTHORIZE
OF A DEDICATION OF A 24.9
OWNED BORROW PIT KNOWN AS
IN FEE SIMPLE LOCATED
WOODSTOCK COVE PARK IN
VIRGINIA BEACH
THE ACCEPTANCE
ACRE PRIVATELY
WOODSTOCK LAKE
ADJACENT TO
THE CITY OF
WHEREAS, on October 7, 1999, Woodstock Lake, LLC, acquired
9
certain property (the "Property") from W. W. Reasor by deed dated
10
September 22, 1999 and described in Deed Book 4154, at page 0396 as
11
"PARCEL C 24.9 ACRES".
12
WHEREAS, the Property is a 24.9 acre privately owned borrow
13
pit known as Woodstock Lake adjacent to Woodstock Cove Park in the
14
City of Virginia Beach.
15
WHEREAS, the City has need for this property as part of its
16
Storm Water Quality Enhancement
Project
(CIP 7-183)
and
17
18 WHEREAS, Woodstock Lake, LLC, has offered to dedicate the 24.9
19 acres to the City of Virginia Beach
20 WHEREAS, the Department of Public Works has determined that
21 the Property is suitable, inter alia, for storm water management
22 purposes.
23 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF
24 VIRGINIA BEACH, VIRGINIA:
25
1.
That the City Council authorizes the acceptance of
26 the dedication of the Property by Woodstock Lake, LLC to the City
27 of Virginia Beach by Deed of Gift pursuant to section 15.2-1800,
28 Code of Virginia of 1950, as amended.
29
2.
That the City Manager or his designee is authorized
30 to execute all documents that may be necessary or appropriate in
31 connection with accepting the dedication of the Property, so long
32 as such documents are acceptable to the City Manager and the City
33 Attorney.
34
Adopted by the Council of the City of Virginia Beach,
35
Virginia, on the
14th
day of
November
2006.
CAI0124
PREPARED: November 6, 2006
R-l
v:\applications\citylawprod\cycom32\WpdocS\D002\P001\OO022989.DOC
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY AND FORM
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CITY ATTORNEY I
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- 32 -
Item v'J.4a/b.
RESOLUTION/ORDINANCES
ITEM #55794
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED:
Ordinances to ACCEPT and APPROPRIATE:
a. $49,370 from the United States Department of Justice to the Police
Department's FY 2006-2007 Operating Budget for the purchase of
bulletproof vests
b. $18,950 from the Fire Department Gift Fund to the Fire Department's
FY 2006-2007 Operating Budget for their Centennial Celebration
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
November 14, 2006
1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $49,370
2 FROM THE UNITED STATES DEPARTMENT OF JUSTICE
3 TO THE POLICE DEPARTMENT'S FY 2006-07
4 OPERATING BUDGET FOR THE PURCHASE OF
5 BULLETPROOF VESTS
6 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH,
7 VIRGINIA:
8
That $49,370 is hereby accepted from the United States
9 Department of Justice and appropriated to the Police Department's
10 FY 2006-07 Operating Budget for the purchase of bulletproof vests,
11 with federal revenue increased accordingly.
12 Requires an affirmative vote by a majority of the members of
13 the Ci ty Council.
14
Adopted by the Council of the City of Virginia Beach,
15
Virginia, on the 14th day of November
, 2006.
APPROVED AS TO CONTENT
APPROVED AS TO LEGAL
SUFFICIENCY
BGu~D-, ~
Management Servlces
J~ l K4iUA
City Attorney's 0 . ice -
CAI0198
V:\applications\citylawprod\cycom32\Wpdocs\D030\POOl\O0022784.DOC
R-2
November 1, 2006
FY 2006 BVP Award Announcement
Page 1 of 1
Dia M. Hayes
Subject: FW: FY 2006 BVP Award Announcement
From: Debby Collins On Behalf Of James Spore
Sent: Monday, October 23,200611:25 AM
To: Susan A. McCulloch
Subject: FW: FY 2006 BVP Award Announcement
Debby Collins
Executive Assistant V
City Manager's Office
2401 Courthouse Drive
Virginia Beach, VA 23456
7157 -385-8198
dcollins@vbgov.com
From: BVP [mailto:BVP@usdoj.gov]
Sent: Friday, October 20,200610:33 AM
Subject: FY 2006 BVP Award Announcement
Dear BVP Participant:
Congratulations! The Office of Justice Programs' Bureau of Justice Assistance (BJA) is pleased to announce that
your application for fiscal year (FY) 2006 Bulletproof Vest Partnership (BVP) funding has been approved. The
complete list of FY 2006 awards may be viewed online at http://www.oip.usdoi.gov/bvpbasi/
Your 2006 Regular BVP award may be used for any vest ordered on or after April 1 ,2006. The vest must meet
National Institute of Justice (NIJ) standards, on the date ordered. These FY 2006 funds must be applied toward
purchases, and all receipts submitted, on or before September 30,2010.
Please call us at any time at 1-877-758-3787 if you have questions or need assistance requesting payment
through the online BVP svstem. You may also reach us via e-mail at vests@oip.gov.
Sincerely,
Bureau of Justice Assistance
Office of Justice Programs
U.S. Department of Justice
Please do not reply to this e-mail. Mail is not monitored at this address.
10/26/2006
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1
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7
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$18,950 FROM THE FIRE DEPARTMENT GIFT
FUND TO THE FIRE DEPARTMENT'S FY 2006-07
OPERATING BUDGET FOR THE FIRE DEPARTMENT
CENTENNIAL CELEBRATION
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA
8 BEACH, VIRGINIA:
9
That $18,950 in additional gift fund revenue is hereby
10 accepted and appropriated to the Fire Department's FY 2006-07
11 Operating Budget to support the Fire Department Centennial
12 Celebration, with gift fund revenue increased accordingly.
13
Adopted by the Council of the City of Virginia Beach,
14
Virginia on the
14th day of November
, 2006.
APPROVED AS TO CONTENT:
APPROVED AS TO LEGAL
SUFFICIENCY:
&g~S~S~
Jdlrt1 p f k, ~ f.1L:,.
City Attorney's fflce
CAI0203
V:\applications\citylawprod\cycom32\Wpdocs\D031\POOl\O0022854.DOC
R-3
November 1, 2006
- 33 -
Item V-K.
PLANNING ITEM # 55795
1. AIH - TWA ASSOCIATES, L.L.C. MODIFICATION OF INDIAN LAKES
LAND USE PLAN
(approved September 20,19/71)
2. PRINCESS ANNE SHOPPES MODIFICATION OF PROFFER NO.9
(approved March 9, 2005)
3. J.D. and RANDI VOGEL MODIFICATION OF CONDITIONS re
Conditional Use Permit
(approved November 9, 2004)
4. ABOUNDING GRACE ASSEMBLY CONDITIONAL USE PERMIT
5. BAYSIDE CHRISTIAN CHURCH CONDITIONAL USE PERMIT
6. ELLMER PROPERTIES, L.L.C. CONDITIONAL USE PERMIT
7. FRANKLIN GAMBITO AND CONDITIONAL USE PERMIT
LEONARD C. TUCAY
8. JBA ONE, L.L.C. CONDITIONAL USE PERMIT
9. ANTHONY and CATHLEEN LINCOLN CONDITIONAL USE PERMIT
10. LOUISA A VENUE and
VIRGINIA BEACH BOULEVARD, INC.
CONDITIONAL USE PERMIT
November 14, 2006
- 34-
Item V.K.
PLANNING
ITEM # 55796
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED Items 4, 5,
6,7 8,9 and 10 of the PLANNING BY 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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
Mayor Oberndorf, Council Lady Henley and Council Lady McClanan voted a VERBAL NA Y on Item 6
(Ellmer Properties, L.L. C.)
November 14, 2006
- 35 -
Item v,K.J.
PLANNING
ITEM # 55797
Attorney R. E. Bourdon, Pembroke Office Park - Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the applicant (A/H-TWA Associates, L.L.c. and WAWA. Relative
access, WA WA is utilizing the existing access and not creating any access which is not present. The rest
of the development, which is by right, will include a Harris-Teeter and retail with access (right-in and
right-out onto Indian River Road). This is the only other access in this proposed parcel. This is not
a part of the WAWA application.
Upon motion by Councilman Villanueva, seconded by Councilman Dyer, City Council MODIFIED, AS
PROFFERED, Ordinance upon application of A/H-TWA ASSOCIATES, L.L.C,for the Indian Lakes
Land Use Plan at Ferrell Parkway and Indian River Road re gasoline sales (approved by City Council
September 20, 1971)
APPLICATION OF A/H-TWA ASSOCIATES, L.L.c. FOR A
MODIFICATION OF THE INDIAN LAKES LAND USE PLAN TO
PERMIT GASOLINE SALES
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Application of A/H-TWA Associates, L.L.c. for a Modification of the
Indian Lakes Land Use Plan to permit gasoline sales on property located
on the south side of Ferrell Parkway and 800 feet east of Indian River
Road (GPIN 1465575095 - part of). DISTRICT 1- CENTERVILLE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit
Court and is hereby made a part of the record.
Voting: 9-1
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Vice Mayor
Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
Barbara M Henley
Council Members Absent:
James L. Wood
November 14, 2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6566
DATE: October 31, 2006
FROM:
Leslie L. Lilley, ~
B_ Kay WilSO~
DEPT: City Attorney
TO:
DEPT: City Attorney
RE: Conditional Zoning Application: A/H- TWA Associates, LLC
The above-referenced conditional zoning application is scheduled to be heard by the
~~~,\ City Council on November 14, 2006. I have reviewed the subject proffer agreement, dated
June 20,2006 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/aIs
Enclosure
cc: Kathleen Hassen
A/H-TWAASSOCIATES, L.L.C., a Virginia limited liability company
INDIAN LAKES PROPERTIES TWO, L.L.C., a Virginia limited liability company
SCAD, L.L.C., a Virginia limited liability company
SHB, L.L.C., a Virginia limited liability company
SEEMAN WARANCH
TIDEWATER JEWISH FOUNDATION, a Virginia non-stock corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of Virginia
THIS AGREEMENT, made this 20th day of June, 2006, by and between A/H-TWA
ASSOCIATES, L.L.C. ("A/H") a Virginia limited liability company, Grantor, party of the first
part; INDIAN LAKES PROPERTIES TWO, L.L.C., a Virginia lirnited liability company,
SCAD, L.L.C., a Virginia limited liability company, SHB, L.L.C., a Virginia limited liability
company, SEEMAN WARANCH, TIDEWATER JEWISH FOUNDATION, a Virginia non-
stock corporation, parties of the second part, Grantors who join in this agreement solely to
show they consent to the proffers by AIH but do not guarantee or warrant perrormance of
any proffer by A/H; and THE CITY OF VIRGINIA BEACH, a municipal corporation of the
Commonwealth of Virginia, Grantee, party of the third part.
l'i~:'<~
WITNESSETH:
WHEREAS, the partie;s of the second part are the joint owners of a parcel of property
located in the Centerville District of the City of Virginia Beach, containing approximately
10.15 acres of land which is more particularly described as Parcell in Exhibit "A" attached
hereto and incorporated herein by this reference. This Agreement concerns a portion of
Parcell, containing approximately 1.52 acres which is more particularly described as Parcel
2 in Exhibit "A" and which is herein referred to as the "Property"; and
GPIN: 1465-57-5095 (Part)
Prepared By:
R. Edward Bourdon, Jr., Esquire
Sykes, Bourdon, Ahern & Levy, P.C.
281 Independence Blvd.
Pembroke One, Fifth Floor
Virginia Beach, Virginia 23462
1
WHEREAS, the party of the first part is the contract purchaser of the Property
described in Exhibit "A" and has initiated a conditional amendment to the Zoning Map of
the City of Virginia Beach, Virginia, by petition addressed to the Grantee so as to modify the
PDH-l Land Use Plan with a Conditional B-2 Commercial Designation applicable to the
Property; and
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, A/H acknowledges that the competing and sometimes incompatible uses
conflict and that in order to permit differing uses on and in the area of the Property and at the
same time to recognize the effects of change, and the need for various types of uses, certain
reasonable conditions governing the use of the Property for the protection of the community
that are not generally applicable to land similarly zoned are needed to cope with the situation
to which A/H's rezoning application gives rise; and
WHEREAS, A/H has voluntarily proffered, in writing, in advance of and prior to the
public hearing before the Grantee, as a part of the proposed modification to the PDH-l Land
Use Plan applicable to the Property in addition to the regulations provided for the PDH-l
and B-2 Zoning Districts by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property to be
adopted as a part of said amendment to the Zoning Map relative and applicable to the
Property, which has a reasonable relation to the rezoning and the need for which is
generated by the rezoning.
NOW, THEREFORE, A/H, for itself, its successors, personal representatives,
assigns, grantee, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any element
of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby make the following declaration of conditions and restrictions
which shall restrict and govern the physical development, operation, and use of the Property
and hereby covenants and agrees that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through A/H, its successors, personal representatives, assigns,
grantee, and other successors in interest or title:
1. When the Property is developed, in order to achieve a coordinated design and
development on the site in terms of vehicular circulation, parking and building orientation,
2
the "CONCEPTUAL SITE LAYOUT OF WAWA @ INDIAN RIVER ROAD, Ferrell Parkway
and Indian River Road, Virginia Beach, VA," dated 6/20/06, prepared by MSA, P.C., which
has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Department of Planning ("Layout Plan") shall be substantially adhered to.
2. When the Property is developed, the architectural design, building materials
and colors of the Wawa Market, canopy and gasoline dispensing equipment will be
substantially as depicted on the exhibit entitled "PROPOSED WAWA, Ferrell Parkway &
Indian River Road Virginia Beach, Virginia, dated November 3, 2005" prepared by
LynchMartinez Architects, L.L.C., which has been exhibited to the Virginia Beach City
Council and is on file with the Virginia Beach Department of Planning ("Rendering").
3. When the Property is developed, all lighting on the site shall be consistent
with those standards recommended by the Illumination Engineering Society of North
America (IESNA). A photometric lighting plan indicating the number and types of lighting
will be submitted as part of the formal site plan submission for review by the Planning
Department to determine consistency with Crime Prevention Through Environmental
Design (CPTED) principles and practices. Lighting shall be installed and operated as shown
on the approved plan. All lighting shall be directed inward and downward within the site.
4. When the Property is developed, no outdoor vending machines, ice boxes or
display of merchandise shall be allowed.
5. When the Property is developed, windows shall not be tinted, thus allowing
for surveillance opportunities both from within and from outside the building. No signage
in excess of a total of eight (8) square feet of the entire glass area of the exterior wall nor any
neon or neon-style signs or accents shall be permitted in or on the windows and/or doors of
the convenience store.
6. When the Property is developed, signage on the site is limited to the building
sign, canopy signage if depicted on the elevation and one freestanding monument style sign
with a base matching the brick of the convenience store building. No other signs shall be
installed on any other wall area of the building or on the roof of the building, on the canopy,
on the canopy supports, on the lighting poles or any other portion of the site.
7. When the Property is developed, all rooftop equipment, such as heating,
ventilation and air conditioning units shall be concealed from typical street level view. All
ground level building mechanical equipment shall be screened in accordance with Section
245 (e) ofthe Zoning Ordinance.
3
8. When the Property is developed, any trash enclosure shall be screened with a
solid wall to match the main building and shall include evergreen shrubs having good
screening capabilities, no less than three (3) feet in height at the time of planting, spaced in
accordance with the City's Landscaping, Screening and Buffering Specifications and
Standards, and maintained at all times in good condition at a minimum height not lower
than the wall.
9. When the Property is developed, a bike rack shall be provided on-site.
10. Further conditions may be required by the Grantee during detailed Site Plan
review and administration of applicable City Codes by all cognizant City agencies and
departments to meet all applicable City Code requirements.
The above conditions, having been proffered by AIH and allowed and accepted by
the Grantee as part of the amendment to the Zoning Ordinance, shall continue in full force
and effect until a subsequent amendment changes the zoning of the Property and
specifically repeals such conditions. Such conditions shall continue despite a subsequent
amendment to the Zoning Ordinance even if the subsequent amendment is part of a
comprehensive implementation of a new or substantially revised Zoning Ordinance until
specifically repealed. The conditions, however, may be repealed, amended, or varied by
written instrument recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, and executed by the record owner of the Property at the time of recordation
of such instrument, provided that said instrument is consented to by the Grantee in writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the governing
body of the Grantee, after a public hearing before the Grantee which was advertised
pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as amended.
Said ordinance or resolution shall be recorded along with said instrument as conclusive
evidence of such consent, and if not so recorded, said instrument shall be void.
AIR covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
4
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, A/H shall petition the governing body for the review thereof prior to
instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the name of the Grantors and the Grantee.
5
WITNESS the following signature and seal:
Grantor:
AjH-TWAAssociates, L.L.C.,
a Virginia limited liability company
By: Armada Hoffler Properties, L.L.C.,
!-\irt). \r'Lted liability company
By: . .-t- \ \ ; (SEAL)
LL1+0.D','l<-! ~ ,fl. N;!..A (.~ , Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
,~ The foregoing instr~ment. .was ackn9wled,ged before me this ,;J/~ day of
ItLtM...-L , 2006, by ( j /?-!1/Y./)."u..{ 1'< IV l"'i G: , Managing Member of
AriAada Hoffler Properties, L.L.C., the 'Managing Member of A/H Associates, L.L.C., a
Virginia limited liability company, Grantor.
./ '1 . .' -7 .-.'
. ...:)2L^[}2r;;).(,,/; "t~.[ {c'
Notary Public
""'.n
My Commission Expires:
;}.} C . (--.S"
/- - :/- / ..'~
~
6
WITNESS the following signature and seal:
Grantor:
EAL)
, Managing Member
STATE OF VIRGINIA
CI1Y OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 29th day of
June , 2006, by Lawrence J. Go1drich , Managing Member of
Indian Lakes Properties Two, L.L.C., a Virginia limited liability company, Grantor.
'~ d Lff dJ=
J y[1r I( Gi. (i '{], ~~?1--
N(jtary Public
v
My Commission Expires: 1/31/07
7
WITNESS the following signature and seal:
Grantor:
SCAD, L.L.C., a Virginia limited liability company
(SEAL)
, Managing Member
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 29 t h day of
June , 2006, by Stanley Waranch , Managing Member of
SCAD, L.L.C., a Virginia limited liability company, Grantor.
! jl1 - /~ ( / I ~ m
L/' i ,~. i i \....f-j '--1\ j .'7-'----
./ ( 0, L u C7\. I" ( ) i- 0Yl
.. Nptary Pub1it
u
My Commission Expires: 1/31/07
8
WITNESS the following signature and seal:
Grantor:
SHB, L.L.C., a Virginia limo d liability company
By:
~L
(SEAL)
, Managing Member
Stuart H.Buxbaum
STATE OF VIRGINIA
CTIY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 29th day of
June , 2006, by Stuart H. Buxbaum , Managing Member of
SHB, L.L.C., a Virginia limited liability company, Grantor.
em c J Y-i .'-kLj
:(, lei ~1) . . ()1 .'
N ptary Public
,.j
My Commission Expires: 1/31/07
9
WITNESS the following signature and seal:
61< L~ {
(5E!tL)
STATE OF VIRGINIA
CI1Y OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this 29 t h day of
June ,2006, by Seeman Waranch, Grantor.
c>> 1 (L Ul ~ W ( ltk7J1
" ~tary Public
My Commission Expires:
1/31/07
10
WITNESS the following signature and seal:
Grantor:
Tidewater Jewish Foundation, a Virginia non-stock
corporation
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing
June
,
President
corporation, Grantor.
instrument was acknowledged before me this 29th day of
2006, by Philip S. Rovner ,
of Tidewater Jewish Foundation, a Virginia non-stock
My Commission Expires:
1/31/07
11
EXHIBIT "A"
Parcel One:
All that certain lot, piece or parcel of land, with any improvements thereon lying, situate and
being in the City of Virginia Beach, Virginia, and being known, numbered and designated as
"PARCELA-2, PART B-2", on that certain subdivision plat entitled "SUBDMSION PLAT OF
PARCEL A-2, PART B, INDIAN LAKES PROPERTIES, L.L.C. (M.B. 234, PG. 59),
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", dated September 24, 1997, made
by Engineering Services, Inc., which plat is duly recorded in the Clerk's Office of the Circuit
Court of the City of Virginia Beach, Virginia, in Map Book 262, at Pages 68 & 69.
GPIN: 1465-57-5095
Parcel Two:
A portion of that certain lot, piece or parcel of land, lying, situate and being in the City of
Virginia Beach, Virginia, being known, numbered and designated as "PARCEL A-2, PART B-
2", on that certain subdivision plat entitled "SUBDMSION PLAT OF PARCEL A-2, PART B,
INDIAN LAKES PROPERTIES, L.L.C. (M.B. 234, PG. 59), KEMPSVILLE BOROUGH,
VIRGINIA BEACH, VIRGINIA", dated September 24, 1997, made by Engineering Services,
Inc., which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, in Map Book 262, at Pages 68 & 69. Said portion of Parcel A-2, PART B-2 is
more particularly described as follows: .
BEGINNING AT AN IRON PIN LOCATED AT THE POINT OF REVERSE CURVE OF A
CURVE TO THE RIGHT HAVING A RADIUS OF 102.82 FEET AND AN ARC LENGTH OF
257.71 FEET, THE POINT OF COMMENCEMENT. SAID POINT IS LOCATED AT THE
SOUTHEAST INTERSECTION OF INDIAN RIVER ROAD AND FERRELL PARKWAY;
THENCE CONTINUING ALONG THE SOUTHERN RIGHT-OF-WAY OF FERRELL
PARKWAY WITH A CURVE TO THE LEFT HAVING A RADIUS OF 1,487.90 FEET, AN
ARC LENGTH OF 516.54 FEET, A CHORD BEARING OF NORTH 860 23' 31" EAST AND A
CHORD DISTANCE OF 513.95 FEET TO A PIN BEING A POINT OF TANGENCY; THENCE
NORTH 780 23' 07" EAST, A DISTANCE OF 37.64 FEET TO A POINT LOCATED ON THE
NORTHWEST CORNER OF LEASE PARCEL (THE SUBJECT PROPERTY), THE POINT
OF BEGINNING; THENCE CONTINUING ALONG FERRELL PARKWAY NORTH 780 23'
07" EAST, A DISTANCE OF 113.21 FEET TO A PIN; THENCE NORTH 740 25' 16" EAST, A
DISTANCE OF 216-44 FEET TO A POINT; THENCE LEAVING FERRELL PARKWAY AND
CONTINUING ALONG THE DMDING LINE BE1WEEN THE SUBJECT PROPERTY AND
THE PROPERTY NOW OR FORMERLY BELONGING TO INDIAN LAKE SELF STORAGE,
LLC, DESIGNATED AS PARCEL D-2, SOUTH 15034' 44" EAST, A DISTANCE OF 260.62
FEET TO A POINT; THENCE LEAVING THE PREVIOUS DIVIDING LINE AND
CONTINUING ALONG THE DMDING LINE BETWEEN THE SUBJECT PROPERTY AND
PARCEL A-2, PART B-2 HAVING A GPIN 1465-57-5095, SOUTH 740 25" 16" WEST, A
DISTANCE OF 329.37 FEET TO A POINT LOCATED AT THE SOUTHWEST CORNER OF
THE SUBJECT PROPERTY; THENCE NORTH 150 34' 44" WEST, A DISTANCE OF 207.99
12
FEET TO THE POINT OF BEGINNING AND CONTAINING 66,375 SQUARE FEET OR 1.52
ACRES.
IT BEING A PORTION OF A CERTAIN LOT, PIECE OR PARCEL OF LAND, WITH THE
IMPROVEMENTS THEREON, SITUATE, LYING AND BEING IN THE CITY OF VIRGINIA
BEACH, VIRGINIA, AND BEING KNOWN, NUMBERED AND DESIGNATED AS "PARCEL
A-2, PART B-2" ON THAT CERTAIN SUBDIVISION PLAT ENTITLED "SUBDIVISION
PLAT OF PARCELA-2, PART B, INDIAN LAKES PROPERTIES, L.L.C. (M.B. 234, PG. 59),
KEMPSVILLE BOROUGH, VIRGINIA BEACH, VIRGINIA", DATED SEPTEMBER 24,1997,
MADE BY ENGINEERING SERVICES, INC., WHICH PLAT IS DULY RECORDED IN THE
CLERK'S OFFICE OF THE CIRCUIT COURT OF THE CITY OF VIRGINIA BEACH,
VIRGINIA IN MAP BOOK 262, PAGES 68 & 69.
GPIN: 1465-57-5095 (Part)
AmendmentPDHPlan/ A-H - TW AAssociatesjProffer3.Clean
Rev.8/04/06
13
- 36-
Item v'.K.2.
PLANNING
ITEM # 55798
Attorney R. E. Bourdon, Pembroke Office Park- Building One, 281 Independence Boulevard, Fifth
Floor, Phone: 499-8971, represented the Princess Anne Shoppes, Dr. Patrick and Lane Brett, the
two (2) Veterinarians requesting the Modification. These Veterinarians are owners of the Owl's
Creek Veterinarian 24-hour Animal Hospital and Boardingfacility. Thisfacility will be only for
out-patient and not include any overnight care of any animals. Letters of support from all owners
of the units were distributed and are hereby made a part of the record.
Upon motion by Council Lady Henley, seconded by Councilman Dyer, City Council MODIFIED WITH
ABSOLUTELY NO OVERNIGHT ANIMAL CARE, AS PROFFERED, Ordinance upon application of
PRINCESS ANNE SHOPPES re Proffer No.9 which restricts the type of uses on the site at North
Landing Road and George Mason Drive re a Veterinarian office:
ORDINANCE UPON APPLICATION OF PRINCESS ANNE SHOPPES
FOR A MODIFICATION OF CONDITIONS (PROFFERS)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Princess Anne Shop pes for a
Modification of Conditions (Proffers). Property is located at the
northwest intersection of North Landing Road and George Mason Drive
(GPIN 1494811533). DISTRICT 7 - PRINCESS ANNE
The following condition shall be required:
1. An agreement encompassing proffers shall be recorded with the Clerk of the Circuit
Court and is hereby made a part of the record.
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James 1. Wood
November 14,2006
CITY OF VIRGINIA BEACH
INTER-OFFICE CORRESPONDENCE
In Reply Refer To Our File No. DF-6564
DATE: October 31, 2006
FROM:
Leslie L. Lilley :\
~~
B. Kay Wilson
DEPT: City Attorney
DEPT: City Attorney
TO:
RE: Conditional Zoning Application: Princess Anne Shoppes
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on November 14, 2006. I have reviewed the subject proffer agreement, dated
July 25, 2006 and have determined it to be legally sufficient and in proper legal form. A
copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW/als
Enclosure
cc: Kathleen Hassen
PREPARED BY:
~~ SYJ(IS. !JOURDON.
Uil4IJ:rnN & 1M. P_c.
FIRST AMENDMENT TO PROFFERED COVENANTS, RESTRICTIONS
AND CONDITIONS
PRINCESS ANNE SHOPPES, a Commercial Condominium by PRINCESS ANNE SHOPPES
OWNER'S ASSOCIATION, INC., a Virginia corporation
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH
THIS AGREEMENT, made this 25th day of July, 2006, by and between PRINCESS
ANNE SHOPPES, a Commercial Condominium by PRINCESS ANNE SHOPPES OWNER'S
ASSOCIATION, INC., a Virginia corporation, Grantor; and THE CITY OF VIRGINIA
BEACH, a municipal corporation of the Commonwealth of Virginia, Grantee.
WITNESSETH:
WHEREAS, the Grantors are the owners of that certain parcel of property located in
the Princess Anne District of the City of Virginia Beach, Virginia, designated as Parcel B1
containing approximately 3.4 acres and described in Exhibit "A" attached hereto and
incorporated herein by this reference said property hereinafter referred to as the "Property";
and
WHEREAS, the Grantors have initiated a modification to a conditional amendment
to the Zoning Map of the City of Virginia Beach, by petition addressed to the Grantee so as
to modify a condition to the Zoning Classification of the Property; and
WHEREAS, the Grantors have requested Grantee to permit this modification of the
previously proffered Agreement dated December 22, 2003 (hereinafter "2003 Proffers"), to
reflect amendments applicable to the land use plan on the Property; and
GPIN: 1494-81-1533
1
PREPARED BY:
~.m SYKES. BOURDON.
&1,. ~tRN &. Lffi', P.c.
WHEREAS, the Grantee's policy is to provide only for the orderly development of
land for various purposes through zoning and other land development legislation; and
WHEREAS, the Grantors acknowledge that the competing and sometimes
incompatible development of various types of uses conflict and that in order to permit
differing types of uses on and in the area of the Property and at the same time to recognize
the effects of change that will be created by the proposed modification of conditions to the
zoning, certain reasonable conditions governing the use of the Property for the protection of
the community that are not generally applicable to land similarly zoned are needed to
resolve the situation to which the application gives rise; and
WHEREAS, the Grantors have voluntarily proffered, in writing, in advance of and
prior to the public hearing before the Grantee, as a part of the proposed modification to the
existing zoning conditions with respect to the Property, the following reasonable conditions
related to the physical development, operation, and use of the Property to be adopted, which
conditions have a reasonable relation to the proposed modification and the need for which
is generated by the proposed modification.
NOW, THEREFORE, the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in title or interest, voluntarily and without any
requirement by or exaction from the Grantee or its governing body and without any elernent
of compulsion or quid pro quo for zoning, rezoning, site plan, building permit, or
subdivision approval, hereby makes the following declaration of conditions and restrictions
which shall restrict and govern the physical development, operation, and use of the Property
and hereby covenants and agrees that this declaration shall constitute covenants running
with the Property, which shall be binding upon the Property and upon all parties and
persons claiming under or through the Grantors, their successors, personal representatives,
assigns, grantees, and other successors in interest or title:
1. Proffer number "9" in the 2003 Proffers is amended to read: The Property
shall not be developed for or devoted to any of the following uses:
(a)
(b)
(c)
(d)
(e)
Business and vocational schools;
Funeral homes;
Grocery stores or convenience stores;
Marinas;
Mini-warehouses;
2
PREPARED BY:
~I3 SYI(IS. gOURDON.
m1Jl4Jmm &. UW. P.c.
(f) Animal hospitals, pounds, shelters and commercial kennels, provided,
however, that veterinary offices which provide only outpatient
treatment or services, with no overnight boarding shall be permitted.
2. All of the terms, conditions, covenants, servitudes and agreements set forth in
the 2003 Proffers recorded in the Clerk's Office of the Circuit Court of the City of Virginia
Beach, Virginia, as Instrument # 200403160042878, save and except, Proffer 9, as
specifically amended and modified herein, shall remain in force and effect, running with the
Property and binding upon the Property and upon all parties and persons claiming under,
by or through the Grantors, their heirs, personal representatives, assigns, tenants, and other
successors in interest or title.
The Grantors further covenant and agree that:
All references hereinabove to the B-1A District and to the requirements and
regulations applicable thereto refer to the Comprehensive Zoning Ordinance and
Subdivision Ordinance of the City of Virginia Beach, Virginia, in force as of the date of
approval of this Agreement by City Council, which are by this reference incorporated herein.
The above conditions, having been proffered by the Grantors and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall continue
in full force and effect until a subsequent amendment changes the zoning of the Property
and specifically repeals such conditions. Such conditions shall continue despite a
subsequent amendment to the Zoning Ordinance even if the subsequent amendment is part
of a comprehensive implementation of a new or substantially revised Zoning Ordinance
until specifically repealed. The conditions, however, may be repealed, amended, or varied
by written instrument recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, Virginia, and executed by the record owner of the Property at the time of
recordation of such instrument, provided that said instrument is consented to by the
Grantee in writing as evidenced by a certified copy of an ordinance or a resolution adopted
by the governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia, 1950, as
amended. Said ordinance or resolution shall be recorded along with said instrument as
conclusive evidence of such consent, and if not so recorded, said instrument shall be void.
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall be
vested with all necessary authority, on behalf of the governing body of the City of Virginia
Beach, Virginia, to administer and enforce the foregoing conditions and restrictions,
3
PREPARED BY:
~mSYKIS. ROURDON,
MiJl4lIt:RN & 1M. P.c.
including the authority (a) to order, in writing, that any noncompliance with such
conditions be remedied; and (b) to bring legal action or suit to insure compliance with such
conditions, including mandatory or prohibitory injunction, abatement, damages, or other
appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause to
deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made pursuant to
these provisions, the Grantors shall petition the governing body for the review thereof prior
to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances and the
conditions may be made readily available and accessible for public inspection in the office of
the Zoning Administrator and in the Planning Department, and they shall be recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and indexed in
the names of the Grantors and the Grantee.
4
WITNESS the following signature and seal:
Grantor:
Princess Anne Shoppes, a Commercial Condominium
By: Princess Anne Shoppes Owner's Association, Inc., a
Virginia corporation by North Landing Development,
L.L.C., its President
By:
/5/~1~O~'
Brian Camden, Managing Member
~
(SEAL)
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to wit:
The foregoing instrument was acknowledged before me this ~ b k day of
, 2006, by Brian Camden, Managing Member of North Landing
vel pent, L.L.C., President of Princess Anne Shoppes Owner's Association, Inc., a
rgin' corporation, Grantor.
My Commission Expires:
V/~ Dlo
PREPARED BY,
~m SYKIS. ROURDON.
PllP -\HrnN & 1M. P.c.
5
PREPARED BY:
g,.IB SYU:S. ROURDON.
&1'- \m:RN & U:VY. P.c.
EXHIBIT "A"
All that certain tract, piece or parcel of land, situated in the Princess Anne Borough, City of
Virginia Beach, Virginia, designated as Parcel B1 as shown on that certain plat entitled
"SUBDMSION OF LOTS A & B SUBDMSION OF BREWER PROPERTY", Scale I" = 100',
dated March 26, 1994, made by Kellam-Gerwitz Engineering, Inc., which plat is recorded in
the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book
238, at Page 79, together with a perpetual non-exclusive easement designated "Cross Access
Easement for Lots B1, B2 and B3", as shown on the aforesaid plat and a perpetual non-
exclusive easement designated by "10' x 200' Private Utility Easement Hereby Dedicated",
as shown on the aforesaid plat.
GPIN: 1494-81-1533
ModConditionsjBrett/PrincessAnneShoppes/proffer
6
- 37 -
Item v'.K.3.
PLANNING
ITEM # 55799
William (Bill) Gambrell, Land Planner, 207 23rd Street, represented the applicant, and advised this
modification actually moves the event further from the neighborhood. With this event, timing is
important and Mr. Gambrell requested the application not be DEFERRED. This modification
is to allow an existing permit to include Christmas displays.
Upon motion by Council Lady Henley, seconded by Council Lady Wilson, City Council MODIFIED
Conditions upon application of J. D. and RANDI VOGEL for a Conditional Use Permit (approved
November 9,2004):
ORDINANCE UPON APPLICATION OF 1. D. AND RANDI VOGEL
FOR A MODIFICATION OF CONDITIONS OF A CONDITIONAL USE
PERMIT (APPROVED November 9. 2004)
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of 1. D. and Randi Vogel for a Modification
of Conditions on property located at 2388 - 2400 London Bridge Road
(GPIN 2405900693). DISTRICT 7 - PRINCESS ANNE
The following conditions shall be required:
1. The relocation of the commercial recreational facility shall substantially adhere to the submitted plan
showing the relocated pole barn entitled "Preliminary Subdivision Plan of Site A-I, Princess Anne
Hunt Club, Inc. for John Vogel" dated February 2, 1987, updated 6/8/9, prepared by NDI, LLC
Basgier and Associates Division. Said plan has been exhibited to the Virginia Beach City Council and
are on file in the Virginia Beach Planning Department.
2. All conditions attached to the Conditional Use Permit granted by the City Council on November 9,
2004 remain in affect:
a. The applicant shall obtain all necessary permits, inspections and approvals from the Fire
Department and the Permits and Inspections Division of the Planning Department before
occupancy of the building. A certificate of Occupancy for the use shall be obtained from the
Permits and Inspections Division of the Planning Department.
b. Hours of operation shall be 9:00 AM until 9:00 PM from Thanksgiving to New Years Day
annually.
3. This Application shall be for one vear onlv with the applicant to resolve Halloween concerns
before the next Halloween Season.
November 14, 2006
- 38 -
Item v'K.3.
PLANNING ITEM # 55799 (Continued)
Voting: 9-1
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M
Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E.
Uhrin, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
Reba S. McClanan
Council Members Absent:
James L. Wood
November 14, 2006
- 39 -
Item v'K.4.
PLANNING
ITEM # 55800
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon Application of ABOUNDING GRACE ASSEMBLY (Pastor Warren E. Singleton) for a
Conditional Use Permit for a church:
ORDINANCE UPON APPLICATION OF ABOUNDING GRACE
ASSEMBLY (PASTOR WARREN E. SINGLETON) FOR A
CONDITIONAL USE PERMIT FOR A CHURCH ROll 0634183
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon Application of Abounding Grace Assembly (Pastor
Warren E. Singleton) for a Conditional Use Permit for a church on
property located at 5105 Princess Anne Road (GPIN 1466880452).
DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. Prior to the issuance of a Certificate of Occupancy for the building, the applicant shall comply with
all applicable City Code requirements and standards pertaining to building codes and fire safety and
suppression necessary for the change of use to a place of assembly.
2. Church attendance at any church service, or function, shall not exceed the number established for
the building by the City's Fire Marshall.
3. The Zoning Administrator shall administratively review the Conditional Use Permit on an annual
basis.
4. Hours of operation for the church office shall be limited to Monday through Friday 9:00 AM until
5:00 PM
5. Church Bible study classes and services shall only be on Wednesday evenings from 7:00 PM until
8:30 PM and on Sundays.
6. Termination of the Conditional Use Permit shall occur at the time this site is acquired by the City of
Virginia Beach or the Commonwealth of Virginia for the construction of the relocated Princess Anne
Road.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November Two
Thousand Six.
November 14, 2006
- 40-
Item V.J.4.
PLANNING ITEM # 55800 (Continued)
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
November 14, 2006
- 41 -
Item v'K.5.
PLANNING
ITEM # 55801
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon Application of BA YSIDE CHRISTIAN CHURCH for a Conditional Use Permit to
allow construction of an additional structure for child care in conjunction with an existing church at
2224 Greenwell Road:
ORDINANCE UPON APPLICATION OF BAYSIDE CHRISTIAN
CHURCH FOR A CONDITIONAL USE PERMIT FOR CHILD CARE IN
CONJUNCTION WITH A CHURCH ROll 0634184
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Bayside Christian Church for a
Conditional Use Permit for child care in conjunction with a church on
property located at 2224 Greenwell Road (GPIN 1479678710).
DISTRICT 4 - BAYSIDE
The following conditions shall be required:
1. When the site is developed, it shall be in substantial conformance with the plan entitled, "Child
Development Center," prepared by D. Cox, dated 6-10-06, which has been exhibited to the City
Council and is on file with the City of Virginia Beach Planning Department. A final site plan with the
improvements depicted on said plan shall be submitted to the Development Services Center for review
and approval prior to the issuance of building permit.
2. When the child care building is constructed, it shall be in substantial conformance with the elevation
entitled, "Child Development Center, Elevations," prepared by D. Cox, dated 6-10-06, which have
been exhibited to the City Council and are on file with the City of Virginia Beach Planning
Department.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November Two
Thousand Six.
November 14, 2006
- 42-
Item v'K.5.
PLANNING ITEM # 55801 (Continued)
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
November 14, 2006
- 43 -
Item v'X.6.
PLANNING
ITEM # 55802
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of ELLMER PROPERTIES, L.L. C. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF ELLMER PROPERTIES,
L.L.c. FOR A CONDITIONAL USE PERMIT FOR AN AUTOMOTIVE
REPAIR GARAGE AND BULK STORAGE YARD R0110634185
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Ellmer Properties, L.L. C for a
Conditional Use Permit for an automotive repair garage and bulk
storage yard on property located at 656 Military Highway (GPIN
1456376863). DISTRICT 2 - KEMPSVILLE
The following conditions shall be required:
1. The site shall be developed and landscaped in substantial conformance with the plan entitled,
"Conceptual Site Layout Plan for Priority Auto Center, "prepared by MSA, PC, dated 05104106,
which has been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach
Planning Department.
2. All roadway improvements presented in the report entitled, "Transportation Impact Assessment,
Priority Auto Center, " prepared by Bryant B. Goodloe, P. C, and dated September 22, 2006, shall be
incorporated into the plans during final site plan submission to the Development Services Center.
These improvements include but are not limited to: extending the existing southbound left turn lane to
provide a minimum 300-foot storage and 200-foot taper (consequently, the northbound left turn lane
located north of the Priority Auto Center entrance must be closed and signedfor No U-Turns in that
direction); the radius for the Priority Auto Center entrance must be improved to accommodate WB-
50 vehicles; the existing Priority Auto Center entrance must have a minimum of two (2) exiting lanes
and two (2) entering lanes with appropriate pavement markings to delineate these lanes; a traffic
signal will be installed by the developer if and when the minimum warrants are met and approved by
Public Works 1 Traffic Engineering; and, at a specified point during site plan review, a traffic signal
bond, effectivefor five (5) yearsfrom build-out of the site, in the amount of$150, 000. 00, will be
required to cover the cost of a traffic signal.
3. No land disturbance or encroachment into Resource Protection Area shall be permitted without the
appropriate authorization and approval of the City of Virginia Beach Chesapeake Bay Preservation
Area Board and lor the City of Virginia Beach Chesapeake Bay Preservation Area staff.
4. No outdoor paging or loudspeaker system shall be permitted.
5. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and
glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting
fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A
Photometric Lighting Plan shall be submitted during final site plan review for review and approval
by City staff
November 14, 2006
- 44-
Item v.x. 6.
PLANNING
ITEM # 55802 (Continued)
6. No advertising banners, streamers, balloons, pennants, searchlights, or similar devices shall be
permitted on any vehicle or the site so as to attract attention to the site from Military Highway or the
surrounding area.
7. The hours for the auto auction facility shall be 8:00 A.M until 6:00 P.M.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November Two
Thousand Six.
Voting:
7-3 (By Consent)
Council Members Voting Aye:
William R. "Bill" DeSteph, Harry E. Diezel, Robert M. Dyer, Vice Mayor
Louis R. Jones, John E. Uhrin, Ron A. Villanueva and Rosemary Wilson
Council Members Voting Nay:
Mayor Meyera E. Oberndorf, Barbara M Henley and Reba S. McClanan
Council Members Absent:
James L. Wood
November 14, 2006
- 45 -
Item v.K. 7.
PLANNING
ITEM # 55803
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of FRANKLIN GAMBITO and LEONARD C. TUCA Y for a Conditional
Use Permit:
ORDINANCE UPON APPLICATION OF FRANKLIN GAMBITO &
LEONARD C. TUCAY FOR A CHURCH AND FELLOWSHIP HALL
R0110634186
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Franklin Gambito and Leonard C.
Tucay for a Conditional Use Permit for a church and fellowship hall on
property located at 5317 Bayside Road (GPIN 1469523636). DISTRICT
4 -BAYSIDE
The following conditions shall be required:
1. All necessary alteration permits and a Certificate of Occupancy for the change of use shall be
obtained from the Department of Planning / Permits and Inspections Division before occupancy and
use of the building as a church.
2. Noise attenuation measures shall be required in accordance with the November 17, 2005, version of
the Virginia Uniform Statewide Building Code.
3. The existing parking lot shall be clearly marked to delineate the required parking spaces. In addition,
one (1) handicapped-accessible space must be installed in accordance with the Americans with
Disabilities Act (ADA). This condition must be satisfied within ninety (90) days of City Council
approval.
4. The existing freestanding sign shall be removed and all signage shall meet the requirements for
churches located within Residential Zoning Districts.
5. No more than forty-five (45) people shall be present within the church during any gathering.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November Two
Thousand Six.
November 14, 2006
- 46-
Item v'K. 7.
PLANNING ITEM # 55803 (Continued)
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James 1. Wood
November 14, 2006
- 47-
Item v'K.8.
PLANNING
ITEM # 55804
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of JBA ONE, L.L. C. for a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF JBA ONE, L.L.c. FOR A
CONDITIONAL USE PERMIT FOR MOTOR VEHICLE SALES,
SERVICE AND BULK STORAGE ROII0634187
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of JBA One, L.L. C. for a Conditional Use
Permit for motor vehicle sales, service and bulk storage on property
located at 930 and 940 South Military Highway (GPINs 1456134602; -
4880). DISTRICT 1- CENTERVILLE
The following conditions shall be required:
1. Development of the site shall substantially conform to the conceptual site plan entitled "Preliminary
Site Plan, Alex Jones Motors ", dated August 1, 2006. Said plans have been exhibited to the Virginia
Beach City Council and are on file in the Virginia Beach Planning Department.
2. A Lighting Plan and/or Photometric Diagram Plan shall be submitted during detailed site plan
review. Said plan shall include the location of all pole-mounted and building-mounted lighting
fixtures, the listing of lamp type, wattage and type of fixture.
3. Empty containers and tanks previously used for the storage of hazardous materials shall be free from
residual material and vapor as defined by the US Department of Transportation Office of Hazardous
Materials Standards (DOTn), the Resource Conservation and Recovery Act (RCRA) or other
regulating authority or maintained as specified for the storage of hazardous material.
4. In addition to the requirements of the 2003 Virginia Statewide Fire Prevention Code, Section
2703.2.3, equipment, machinery, required detection and alarm systems associated with hazardous
materials shall be maintained in an operable condition. Defective containers, cylinders and tanks
shall be removed from service, repaired or disposed of in an approved manner. Defective equipment
or machinery shall be removed from service and repaired or replaced. Required detection and alarm
systems shall be replaced or repaired where defective.
5. Stationary tanks not used for a period of ninety (90) days shall be properly safeguarded or removed
in an approved manner. Such tanks shall have the fill line, gauge opening and pump connection
secured against tampering. Vent lines shall be properly maintained.
6. Permits for tank removal shall be obtained from the Department of Planning / Permits and
Inspections and the Fire Department prior to removal.
7. The vehicle storage yard shall be enclosed with Category VI screening, as specified in the Landscape,
Screening, and Buffering Specifications and Standards for the City of Virginia Beach.
November 14, 2006
- 48-
Item v'K.8.
PLANNING
ITEM # 55804 (Continued)
8. The vehicle storage yard may be gravel, provided a waiver of on-site improvements is requested and
approved by the Planning Director or his or her designee.
9. All automotive detailing and service shall take place inside the building.
10. No outside paging or speaker system shall be permitted.
11. There will be no more than jifty-eight (58) vehicles displayed for sale on the site. The vehicles will be
parked in the area designated "Vehicle Display Area".
12. Parking spaces and vehicle display areas shall be clearly delineated on the site plan; and the parking
lot shall be striped in accordance with the approved site plan. Vehicles shall be parked within the
designated areas, and no vehicles shall be parked within any portion of the public right-of-way.
Vehicles shall not be displayed on raised platforms.
13. No advertising banners, streamers, balloons, pennants or similar devices shall be permitted on any
vehicles or the site. There shall be no signs in excess offour (4) square feet installed or displayed on
the exterior or interior of the windows of the building.
14. All of the areas not improved with planting beds and/or landscaping shall be maintained with a
grassed lawn. The required foundation landscaping may be permitted in planters along the front and
side portions of the buildings.
15. The interior of the parking lot must be landscaped according to Virginia Beach Site Plan Ordinance
Section 5A.4.
16. The sidewalk along the front property line of the parcels shall be repaired.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November Two
Thousand Six.
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
November 14, 2006
- 49-
Item v'K.9.
PLANNING
ITEM # 55805
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of ANTHONY and CATHLEEN LINCOLN for a Conditional Use Permit
re an outdoor recreational facility (skateboard ramp):
ORDINANCE UPON APPLICATION OF ANTHONY LINCOLN &
CATHLEEN LINCOLN FOR A CONDITIONAL USE PERMIT FOR A
RECREATIONAL FACILITY OF AN OUTDOOR NATURE
ROll 0634188
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Anthony Lincoln and Cathleen Lincoln
for a Conditional Use Permit for a recreational facility of an outdoor
nature (skateboard ramp) on property located at 637 Fort Raleigh Drive
(GPIN 2426185142). DISTRICT 6 - BEACH
The following conditions shall be required:
1. The ramp shall be built in substantial compliance with the drawing entitled "Lincoln Ramp" dated
July 29,2006.
2. The ramp shall only be used between the hours of 10:00 A.M. and dusk.
3. The ramp shall be constructed with the following components to ensure the noise level is reduced as
much as possible: a) insulation on the under side, b) sides closed with wood, and c) roofing paper or
rubber roofing between plywood and surface of the ramp.
4. The ramp shall be located on the site consistent with the site plan submitted with the Use Permit
application, behind the existing shed situated in the northeast corner of the rear yard.
5. A chain shall be placed across the ramp when not in use such that the ramp cannot be used.
6. At least one adult shall be outside the house and present when the ramp is in use.
7. The applicant shall enforce the rules submitted with the application regarding use of the ramp. The
Zoning Administrator shall annually evaluate whether the rules have been enforced and the
conditions above have been adhered to. -if the evaluation reveals that the rules and conditions are
being met, the use permit shall be renewed for an additional year, with an annual evaluation
thereafter. -if the evaluation reveals that the rules and conditions are not being met, the Zoning
Administrator shall refer the use permit to the City Council for revocation.
November 14, 2006
- 50-
Item v,K. 9.
PLANNING
ITEM # 55805 (Continued)
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November Two
Thousand Six.
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James 1. Wood
November 14, 2006
- 51 -
Item v'K.10.
PLANNING
ITEM # 55806
Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an
Ordinance upon application of LOUISA A VENUE AND VIRGINIA BEACH BOULEVARD, INC. for
a Conditional Use Permit:
ORDINANCE UPON APPLICATION OF LOUISA A VENUE AND
VIRGINIA BEACH BOULEVARD, INe. FOR A CONDITIONAL USE
PERMIT FOR A BULK STORAGE YARD R0110634189
BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordinance upon application of Louisa Avenue and Virginia Beach
Boulevard, Inc. for a Conditional Use Permit for a bulk storage yard on
property located at the northeast intersection of Louisa Avenue and
Virginia Beach Boulevard (GPINs 2407858843; 2407858917).
DISTRICT 6 - BEACH
The following conditions shall be required:
1. When the site is developed, the layout shall be in substantial conformance with the plan entitled,
"Tidewater Valve and Fitting, " dated 8/1/06, prepared Massey Design & Associates, P. e., which has
been exhibited to the Virginia Beach City Council and is on file with the Virginia Beach Department
of Planning, with, at a minimum, the following modifications: unless otherwise authorized by the
Department of Public Works, the radius on the northwest corner of the site must be depicted on the
final site plan and constructed as a twenty-jive (25) foot radius per City of Virginia Beach Public
Works Standards; improvements to Louisa Avenue must be depicted on the final site plan and
constructed, as deemed necessary by Public Works; and, a five-(5) foot wide sidewalk along Virginia
Beach Boulevard connecting to the existing sidewalks to the East and West shall be depicted on the
final site plan and installed as required.
2. The fence labeled as "security fence" on the plan entitled, "Tidewater Valve and Fitting, " dated
8/1/06, prepared Massey Design & Associates, P.e., shall be a solidfence with a minimum height of
eight (8) feet. Chain link and barbed wire shall not be permitted on the site.
3. In addition to the landscaping depicted on the landscape plan entitled, "Tidewater Valve and Fitting,
Landscape Plan" dated 8/1/06, prepared Massey Design & Associates, P.e., the eastern edge of the
stormwater management area shall be planted with low growing evergreen shrubs to aid in screening
the pond. Said additional landscaping shall be depicted on the landscape plan submitted with the
final site plan. It should be noted that additional landscaping may be required duringfinal site plan
review.
4. The use of crusher run in the bulk storage area may be permitted provided a waiver of on-site
improvements is requested and approved by the Planning Director duringfinal site plan review.
5. As long as there is a nonconforming single-family dwelling on the property immediately adjacent to
the North, the hours of operation of the bulk storage yard shall be limited to 7:00 A.M. to 6:00 P.M,
Monday through Saturday.
November 14, 2006
- 52 -
Item v'K.10.
PLANNING
ITEM # 55806 (Continued)
6. When the building is constructed, it shall be in substantial conformance with the elevation entitled,
"Office/Warehouse Facility for Tidewater Valve," dated July 24,2006, prepared by Daugherty &
Associates Architecture, which has been exhibited to the Virginia Beach City Council and is on file
with the Virginia Beach Department of Planning.
7. All outdoor lighting shall be shielded to direct light and glare onto the premises; said lighting and
glare shall be deflected, shaded and focused away from adjoining property. Any outdoor lighting
fixtures in the bulk storage yard shall not be erected any higher than fourteen (14) feet. A
Photometric Lighting Plan shall be submitted duringfinal site plan review for review and approval
by City staff.
This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance.
Adopted by the Council of the City of Virginia Beach, Virginia, on the Fourteenth of November Two
Thousand Six.
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
November 14, 2006
- 53 -
Item V.L.l.
APPOINTMENTS
ITEM # 55807
BY CONSENSUS, City Council RESCHEDULED:
BOARD OF BUILDING CODE APPEALS
BOARD OF ZONING APPEALS (BZA)
CHESAPEAKE BAY PRESERVATION AREA BOARD
COMMUNITY POLICY AND MANAGEMENT TEAM (CSA)
COMMUNITY SERVICES BOARD (CSB)
EMPLOYEE BENEFITS TASK FORCE
HAMPTON ROADS ECONOMIC DEVELOPMENT AUTHORITY
INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA
OPEN SPACE ADVISORY COMMITTEE
OLD BEACH DESIGN REVIEW COMMITTEE
PLANNING COMMISSION
WETLANDS BOARD
November 14, 2006
- 54-
Item v'L.2.
APPOINTMENTS
ITEM # 55808
Upon NOMINATION by Vice Mayor Jones, City Council
APPOINTED:
William D. "Bill" Almond
John F. Malbon
One year term
January 1, 2007 thru December 31, 2007
REAPPOINTED:
R. Preston Midgett, II
Kenneth C. Taylor
Three year terms
January 1, 2007 thru December 31, 2009
RESORT ADVISORY COMMISSION
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
November 14, 2006
- 55 -
Item V. M.l.
UNFINISHED BUSINESS
ITEM # 55809
Mayor Oberndorf referenced correspondence from the Historic Sites Organizing Committee requesting
an extension to February 27,2007, for their report to City Council and the Committee to dissolve April
30, 2007.
BY CONSENSUS, said extension was APPROVED and the Committee shall dissolve April 30, 2007.
November 14, 2006
- 56 -
Item V. N.J.
NEW BUSINESS
ITEM # 55810
Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council RESCHEDULED:
Regular Briefing, Informal and Formal Sessions of City Council for January 2007:
Combine the First and Second regular Tuesdays to be held January 9, 2007
Regular Third Tuesday Workshop to be held January 16, 2007
January 23, 2007, will be the regular Fourth Tuesday Agenda
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 Rosemary Wilson
Council Members Voting Nay:
None
Council Members Absent:
James L. Wood
November 14, 2006
- 57 -
Item V-D.
ADJOURNMENT
ITEM # 55811
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:03 P.M.
Q~--~-~:,--~
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
Louis R. Jones
Vice Mayor
.-
Meyera E. Oberndorf
Mayor
City of Virginia Beach
Virginia
November 14, 2006
- 57 -
Item V-D.
ADJOURNMENT
ITEM # 55811
Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 7:03 P.M.
a~___~_~~L~____
Beverly 0. Hooks, CMC
Chief Deputy City Clerk
~l~------
Vice Mayor
~
~f--
Mayor
uth Hodges Smith, MMC
City Clerk
City of Virginia Beach
Virginia
November 14, 2006