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HomeMy WebLinkAboutJANUARY 9, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MliYERA I;'. OBERNDORf: At-I,arge VICli MAYOR IDUlS R JONES, Bayslde - District" WIUIAM R. DeSTEPH, At-Large HARRY H. DIElEL, Kempsville - Dlstrlct 2 ROBHRT M. DYER" Cenierville - DIStrict 1 BARBARA M. HHNLEY, Princess Anne District 7 RHBA S McCLANAN, Rose Hall - District 3 JOHN H. UHRIN, Beach Distrlct 6 RON A. VIUANlIEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -Dlstrlct 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONK(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY A'lTORNEY - LESUH L. UUEY CITY CLHRK - RUTH HODGHS FRASER, MMC 9 JANUARY 2007 1. CITY MANAGER'S BRIEFINGS - Conference Room - 1:30 PM A. WORKFORCE HOUSING Andrew Friedman, Director, Housing and Neighborhood Preservation B. NEWS RACK REGULATION STATUS Mike Eason, Resort Programs Administrator II. CITY COUNCIL LIAISON REPORTS III. CITY COUNCIL COMMENTS IV. REVIEW OF AGENDA V. INFORMAL SESSION - Conference Room - 3:30 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Stanley Sawyer, OD Pastor, All Saints 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 December 12, 2006 G. AGENDA FOR FORMAL SESSION H. PUBLIC HEARINGS 1. SALE OF EXCESS CITY PROPERTY 549 Aragona Boulevard 2. FY 2006-07 CAPITAL BUDGET AMENDMENTS SUPPLEMENTAL APPROPRIATIONS: a. $23,728,000 to various Capital Projects b. $3,537,000 to various School Projects I. PUBLIC COMMENT 1. NEWS RACK REGULA nONS 1. CONSENT AGENDA K. ORDINANCES/RESOLUTION 1. Ordinances to AMEND City Code: a. ~~35-163 and 35-169 re collectors' record retention requirements for lodging and admissions taxes b. ~ 18-49 re local license tax for alcoholic beverages at day spas c. ~35-138.1 re food and beverage tax exemption for mandatory gratuities, tips and service charges 2. Ordinance to AUTHORIZE the City Manager to execute documents re sale of EXCESS CITY-OWNED PROPERTY at 549 Aragona Boulevard to South Hampton Roads Habitat for Humanity, Inc., re spot blight abatement. 3. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of- way: a. MICHAEL J. and HELEN V. STANDING, t/a WATERMAN'S RESTAURANT at 5th Street re the construction and maintenance of a roof overhang DISTRICT 6 - BEACH b. STIHL INCORPORATED at International Parkway, Hawkeye Court and London Bridge Road re the construction and maintenance of high density polyethylene conduit for fiber optic and copper computer cables DISTRICT 6 - BEACH c. KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC., at Kempsville Road and Kempsville Crossing Lane re the maintenance of two (2) existing neighborhood subdivision signs, landscaping, electric meters, pedestals and flood lights DISTRICT 1 - CENTERVILLE 4. Resolution to ENDORSE and PROMOTE the brand name "Hampton Roads, America's First Region" (HR-AFR). 5. Ordinances to ACCEPT and APPROPRIATE: a. $23,828,000 of Fund Balance from the General Fund; $3,260,000 within the Fund Balance from the General Fund; $210,000 from the Water and Sewer Utility Fund Balance and $35,000 from the Storm Water Utility Fund to the General Fund re various Capital Projects and Operating Budget needs: 1. $3,260,000 of Fund Balance from the General Fund, $210,000 Water and Sewer Utility Fund Balance and $35,000 from the Storm Water Utility Fund to the General Fund designated for GASB 45 re unfunded Retiree health care liabilities 2. $23,728,000 of Fund Balance from the General Fund: (a) $500,000 to Shore Drive Corridor Improvements, Phase II (b) $500,000 to Shore Drive Corridor Improvements, Phase III (c) $1,500,000 to Shore Drive Corridor Improvements, Phase IV (d) $1,000,000 to Shore Drive Interim Safety Improvements (e) $800,000 for the preliminary design of a new Bayside Community Center (f) $320,000 to the Constitution Drive Extended Project (g) $2,300,000 for a new Fire and Rescue Station - Chesapeake Beach (h) $200,000 to the Town Center Pedestrian Bridge project (i) $2,100,000 to the Congestion Relief/Safety Improvement Program (j) $800,000 for the Storm Water Maintenance Backlog (k) $1,000,000 to the Pavement Maintenance Program (1) $500,000 to Pedestrian System Improvements, Phase I (m) $1,260,000 to Park Playground Renovations, Phase II (n) $6,550,000 to replenish the Various Site Acquisitions Project (0) $108,000 for the 31st Street Parking Garage settlement (p) $90,000 to the 31st Street Stage and Restrooms Project (q) $1,500,000 for roadway and safety improvements on Avalon Avenue- Avalon Woods (r) $300,000 to the Rural Roads Project for intersection improvements at Princess Anne and Pleasant Ridge Roads (s) $600,000 for the design of a new Fire and Rescue Station - Blackwater (t) $1,300,000 to the Regional Homeless Housing Project - Site Acquisition (u) $500,000 to the Kempsville Greens Golf Course Community Stormwater Bank Stabilization Project 3. $100,000 of Fund Balance from the General Fund to the FY2006-07 Operating Budget of the Arts and Humanities Commission: (a) $10,000 to acquire a third piece for the Convention Center video wall (b) $90,000 to acquire public artwork for the Sandler Center for the Performing Arts at Virginia Beach b. $11,811,607 in FY 2005-06 School Reversion Funds to FY 2006-07 School Operating Budget and School Capital Budget: 1. $2,144,000 to "Instructional Technology" for various technology projects 2. $1,000,000 to establish the School Equipment Replacement Special Revenue Fund 3. $2,674,607 to the Instructional Category re various instructional materials and equipment 4. $1,072,000 to "School Operating Budget Support" re school plant projects 5. $321,000 to "School Human Resources/Payroll System" re system upgrade 6. $100,000 to Operations and Maintenance re school landscape services 7. $4,500,000 to the Instructional Category for pre-funding a portion of the FY 2007-08 annual retirement contribution c. $1,030,247 in State and Federal Revenues and $1,000,000 in Fund Balance to the FY 2006-07 Department of Human Services Operating Budget re adding nine (9) full time positions and providing additional mental heath, mental retardation and social servIces: 1. $53,606 re increased Medicaid caseload management 2. $75,000 re community-based programs to divert individuals with mental illness from jail 3. $901,641 re ongoing psychiatric care, nursing and respite services 4. $1,000,000 re housing services to disabled adults; and AUTHORIZE the City Manager to purchase services from Virginia Beach Community Development Corporation (VBCDC) d. $175,000 grant from the Virginia Department of Conservation and Recreation re a series of water quality enhancement projects: 1. $73,500 to Lynnhaven Watershed Restoration 2. $101,500 to Water Quality Participation e. $88,130 from the Virginia Office of Emergency Medical Services (EMS) "Four-for- Life" program to the FY 2006-07 Emergency Medical Services Department Operating Budget re additional computer equipment, twelve (12) lead defibrillators and associated medical equipment 6. Ordinances re the Department of Libraries FY 2006-07 Operating Budget: a. APPROPRIA TE $11,000 and AUTHORIZE the use of a collection agency re overdue library material retrieval b. TRANSFER $150,000 re support for the purchase of a records management inventory control system L. PLANNING 1. Application of STEPHEN and LORI BURWELL for an enlargement of a nonconforming use at 310 45th Street to add two (2) small one-story additions. DISTRICT 6 - BEACH RECOMMENDA nON: APPROV AL 2. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for PYONG TU CHO at 1212 North Inlynnview Road to subdivide the existing two lots and develop a new lot for a single family dwelling. DISTRICT 5 - L YNNHA VEN APPLICANT REQUEST RECOMMENDA nON INDEFINITE DEFERRAL DENIAL 3. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for ROSE ANNA ETHERIDGE at 2934 Princess Anne Road to demolish the existing structure and construct an appropriate replacement. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 4. Application of CINGULAR WIRELESS for a Conditional Use Permit to install a wireless communications tower at 5638 Baccalaureate Drive (Campus East and Lake Edward). DISTRICT 2 - KEMPSVILLE RECOMMENDA nON APPROV AL 5. Application of MILITARY AVIATION MUSEUM for a Conditional Use Permit for a museum within an existing airport hanger at Gum Bridge and Princess Anne Roads. DISTRICT 7 - PRINCESS ANNE RECOMMENDATION APPROV AL 6. Application of CHARLES M. and DAWN R. RICHT for a Conditional Use Permit for an alternative residential development (three single-family lots) at Princess Anne Road and Munden Point Road. DISTRICT 7 - PRINCESS ANNE RECOMMENDA nON APPROV AL 7. Application of SAINT JAMES MISSIONARY CHURCH for a Conditional Use Permit for a childcare center and before/after school program within an existing church at 5724 Old Providence Road. DISTRICT 2 - KEMPSVILLE RECOMMENDATION APPROV AL M. APPOINTMENTS COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE N. UNFINISHED BUSINESS O. NEW BUSINESS P. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** CITY COUNCIL BIENNIAL RESOURCE MANAGEMENT WORKSHOP SCHEDULE April 10 (Workshop) April 17 (Workshop) April 19 (Public Hearing) April 24 (Workshop) April 24 (Public Hearing) May 1 (Workshop) May 8 (Reconciliation Workshop) May 15 (Adoption) Council Conference Room Council Conference Room Tallwood High School at 6:00 p.m. Council Conference Room Council Chamber at 6:00 p.m. Council Conference Room Council Conference Room Council Chamber at 6:00 p.m. ********* If you are physically disabled or visually impaired and need assistance at this meeting, please caB the CITY CLERK'S OFFICE at 385-4303 Hearing impaired, call: Virginia Relay Center at 1-800-828-1120 *********** Agenda 01 /02/2007mb/sb www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 9 January 2007 Mayor Meyera E Oberndorf called to order the City Manager's Briefing re WORKFORCE HOUSING in the City Council Conference Room, City Hall, on Tuesday, January 9,2007, at 1:30 P.M Council Members Present: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: Harry E. Diezel [Entered: 1:55 P.MJ January 9, 2007 - 2 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING 1:30 P.M. ITEM # 55945 The City Manager introduced Andrew Friedman to report back to City Council concerning Workforce Housing, an effort which commenced with the City Council's action on September 27, 2005: Resolution DIRECTING the Planning Commission to study and propose amendments to the City s ''development'' ordinances re production of workforce and affordable housing. Andrew Friedman, Director, Housing and Neighborhood Preservation, believes the Workforce Housing concept has broad support in the community. Review of History and Proposed Process . April 2004 - Council Member Wilson asks the City Manager to begin addressing the issue . May 2004 - Partner Group formed . Sept 27, 2005, Council Resolution . May 2006, Planning Commission subcommittee appointed . December 2006, Planning Commission approves subcommittee report . This is a briefing on the report approved by the Planning Commission . No action is requested today . If City Council would like to continue considering the report, staff suggests a public comment opportunity; and, then an indication from Council that the City Manager and City Attorney should prepare the detailed program requirements and ordinances for their consideration . If done this way, the Committee would plan to have these ready in late Spring . On a parallel track, legislation is being introduced in the General Assembly to authorize the program . Considering the above and, if desired, July First would be the earliest effective date for a program How it Was Produced . This report was developed by the Planning Commission's subcommittee on WFH, chaired by Ron Ripley. co-chaired by Joe Strange. Committee membership included major developers, Empower Hampton Roads, representatives of the VBEA and the ceo, among others. an Brockwell ohn Olivieri va Nash rank McKinney an Baxter Chandler Scarborough rank Spadea January 9, 2007 - 3 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING ITEM # 55945 (Continued) The Worliforce Housing recommendations are supported by all members of the Workforce Housing Committee, as well as the Tidewater Builders Association, major developers, Empower Hampton Roads and the Council of Civic Organizations (CCO). The Committee is recommending adoption of a philosophy, annual goals, process and a program. The report recommends a way to guide future development so that it includes Worliforce Housing as an integral part of the development that will occur. Workforce Housing is a middle-income housing program generally serving citizens in the middle one- third of income ranges in Virginia Beach (between $36,000 and $72,000 household income). New families, college graduates, individuals seeking to purchase their first home and looking for moderately price quality housing should all be able to take advantage of the opportunities this program creates. Mr. Friedman displayed a graph illustrating the target population. Workforce Housing Will Serve Middle Income Households Household Income Distribution, 2005 180,000 160,000 ~ 140,000 o 120,000 .c ~ 100,000 g 80,000 J: 60,000 40,000 20,000 o .... o =It o Household Income = above $72,000 . Household Income = $36,000 to $72,000 (WFH) II Household Income = $0 to $36,000 1 What Kind of Housing will be Created? The proposal would create: ~ for-sale and for-rent housing of all types ~ priced significantly below market prices ~ created as a portion of market rate development ~ meets all quality and design criteria ~ is substantially equivalent to and indistinguishable from the market rate housing with which it is integrated Photographs of Mixed-Income and Worliforce Housing were displayed from Fairfax County, Aurora, Illinois and Norfolk, Virginia. There is a growing gap between income and housing costs for the first time home buyers, as well as the shortage of housing being built in the Workforce Housing price range and to have new development that is mixed income. January 9, 2007 - 4 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING ITEM # 55945 (Continued) Ronald Ripley, Chairman - Worliforce Housing Sub Committee, advised the Worliforce Housing will be created in the strategic growth areas not impacted by the AICUZ policies; and, in other appropriate areas of the City, as determined by City Council, i.e. declining shopping centers and some sites on major roads. Strategic Growth Areas (1-5) are depicted on the displayed Comprehensive Plan map. 1. Northampton Boulevard Corridor 2. 1-64 South 3. Newtown 4. Pembroke 5. North Rosemont Mr. Ripley advised Growth areas 3, 4 and 5 are depicted as the Town Center District and more of a high density area. The strategic location of the Town Center District is unique to the area (Expressway, potential for Norfolk and Southern right-ofway and its integration with the transportation system, major employment districts within ten minute-drive). How Do We Achieve It? - Four Major Steps: 1. By adopting a vision of the strategic growth areas of higher density, quality development that includes both mixed-use development and mixed income residential development 2. By adopting a philosophy that Worliforce Housing is desired as part of new development and that we will use any available tools to achieve it 3 By adopting annual goals for the production ofWFH and measuring and reporting on those goals 4 By implementing the recommended voluntary tools, as well as by enhancing the current development review process to include the WFH program and its tools, criteria and design into the review of proposed residential development Relative a philosophy, Mr. Ripley cited, as an example, the Senior Housing Report which Council Lady Henley and former Council Lady Parker formulated thus creating a policy and proper guidelines for housingfor Seniors. The proposal provides voluntary incentives for the production of Worliforce Housing as a part of future residential development in the strategic growth areas and other appropriate areas and is a middle income housing program that can also create opportunities for lower income households. The proposal provides new lower cost housing opportunities without direct city subsidy and true incentives for developers without creating windfalls. It creates mixed income development that has the strength of diversity and helps to achieve housingfor all income groups. Assetsfor the City are created that can be usedfor future housing. The proposal preserves relative affordability in the future in a market-based approach while allowing WFH owners almost all the benefits of homeownership. The proposal will not require the expenditure of public funds to create new WFH units - in fact, it will generate net assets for the City. The proposal includes recommendations for the preservation and enhancement of existing housing and neighborhoods. January 9, 2007 - 5 - C IT Y MANA G E R 'S B R IE FIN G WORKFORCE HOUSING ITEM # 55945 (Continued) The creation of an ongoing Citizen Advisory Committee is recommended to help design the initial program, monitor and report on its successes and recommend the annual adjustments needed for the program so that it can continue to work as markets and economics change. Mr. Ripley cited the recommendations of the Department of Housing and Neighborhood Preservation: . Continue and enhance neighborhood revitalization projects with citizen involvement . Maintain/expand code enforcement as needed . Develop a pattern bookfor neighborhoods * . Develop a plan book for our "first neighborhoods"* . Provide design assistance for anyone doing renovation - establish a "design center" . Provide tax abatements for investment consistent with our guidelines * Mr. Ripley distributed examples of a pattern book for neighborhoods compiled by the City of Norfolk and a Plans Bookfor the City's "first neighborhoods ". Mr. Friedman advised the most dense housing developments are not Worliforce Housing i.e. Westminster Canterbury. Therefore Worliforce Housing and density do not necessarily go together. The Committee envisions this concept being enforced as with all development requirements, whether part of a Conditional Use Permit, Change of Zoning, or development plan. Mr. Friedman stated the Worliforce Housing program calls for these units to be substantially the same and the sale to the buyer to be at the market value. The goal of the Committee is to have these units sold and assessed at the market value. The discount would be in the form of a soft second mortgage, which does not affect the market value. The value is created through the "bonus density ". The City would take out the second mortgage, which would be just like any other second mortgage,' therefore, there is a true market value. The market value is reduced by twenty-jive percent (25%). The owner of the Worliforce Housing will be paying a relatively higher assessment than the actual price; however, the owner will be paying the market value. The builder provides a twenty-jive percent (25%) discount on the market value and that is the price at which the buyer obtains the house. The Committee envisions two (2) transactions where the initial sale is to the City (or its agent) i.e. the developer would sell a $242,000 market rate price at a 25% discount approximately $180,000. The 25% discount would be held by the City and the City would immediately resell it to the buyer taking the $60.000 discount. Thus, the transaction is at a market value of $240,000 with the buyer paying $180,000. The second mortgage is held by the City, which prevents the buyer from getting a "windfall ". Without some control on this discount value, the unit could immediately be sold. A "right of first refusal" to purchase the house is placed on the sale. The owner can sell it and at a market value, but the owner still owes the City the $60,000 mortgage and the City can buy it at $60,000 off of whatever the market value may be in the future. This allows the City to maintain relative affordability of these units. Mr. Ripley advised a Housing Trust Fund is created. Mr. Friedman advised the Committee envisioned a several month period of developing the ordinances and regulations re the Workforce Housing. This program will be brought forward to City Council approximately in the Spring. BY CONSENSUS, Public Comment re Workforce Housing shall be scheduled for the City Council Session of January 23, 2007. January 9, 2007 - 6 - C IT Y MANA G E R 'S B R IE FIN G NEWS RACK REGULATION STATUS 2:45 P.M. ITEM # 55946 Councilman Uhrin advised very positive meetings were held on Wednesday, January 3 and Thursday, January 4, 2007, with the stakeholders (publishers, Resort Advisory Commission) re the News Rack regulations. A compromise position has been developed. The Resort Advisory Commission (RAC) has unanimously requested the City Council DEFER the Public Comment Session for thirty (30) days. The stakeholders are optimistic the compromise position will be able to be implemented prior to the commencement of the Resort Season. Mike Eason, Resort Programs Administrator - Convention and Visitors Bureau, advised two (2) presentations were given last Thursday to the Resort Advisory Commission (RAC). Councilman Uhrin advised there are legitimate advantages to the proposals of the major distributors. The main advantage being, the City would not be in the distribution business. The distributors of the material would provide the boxes and be limited to the number of geographic locations in the Resort and the number of boxes. The City would not have to purchase, maintain and lease the modules. Market forces would determine how many publications would be distributed in a particular location. January 9, 2007 - 7 - CITY COUNCIL LIAISON REPORTS 2: 52 P.M. ITEM # # 55947 Council Members Wood and Uhrin, Member - Hampton Roads Transportation District Commission distributed a Press Release entitled: "HRT Receives a Favorable Audit/or FY 2006", dated December 14, 2006. The Commissioners accepted a favorable audit and financial report for FY 2006 performed by Goodman and Company. HRT endured a seven week audit, which included a thorough examination of documents supporting the amounts and disclosures in HRT's financial statements, as assessment of current accounting principles and an evaluation of the overall presentation of financial statements provided by management. Goodman and Company, the agency accountable for conducting the audit, noted the following: Assets have increased as a result of financing proceeds related to the bus lease-purchase with the Virginia Resources Authority. Operating revenues were within one percent of budget and operating expenses were within two percent of budget There were no reportable conditions notes in internal control in any areas. The audit did not identify any noncompliance items The audit did not identify any questioned costs or findings required to be reported HRT was considered a low risk auditee, meaning no extra measures were taken during the audit to ensure financial accuracy Mayor Oberndorf referenced a concern of a member of the challenged community who is employed at Pembroke Mall but lives in a different corridor and is not receiving the special transit rides. Councilman Wood referenced the User Citizen Advisory Committee (UCAC) Representatives from each of the cities served by HRT were appointed to serve on the Committee. Council Members Uhrin and Wood attended, just before Christmas, the day long meeting re transit issues. A member of the Planning staff, Travis Campbell, attends all the HRT meetings and brings forward to their staff all user issues. Council Lady McClanan advised the aforementioned citizen has called for the last several years and the problem does not seem to exasperate. Mayor Oberndorf shall provide the citizen's name to Councilman Wood. ITEM # # 55948 Council Lady Barbara M Henley, Liaison - Bikeways and Trails Advisory Committee, advised the Committee met yesterday, January 8, 2007. The report received over their last two (2) meetings from Barbara Duke, Planner, captured all of the projects now in progress totaling seventeen (17) additional miles of bikeways and trails projects. Council Lady Henley suggested a City Council Session Briefing be scheduled or a copy of this informative report be provided. This committee is very concerned re the sidewalk connections and is supporting utilizing some of the year 'end balance to provide these connections. January 9, 2007 - 8 - CITY COUNCIL LIAISON REPORTS ITEM # 55949 Council Lady Barbara M Henley, Liaison - Agricultural Advisory Committee, advised this Committee also met yesterday, January 8, 2007. The Committee is continuing to work well re projects throughout the City, particularly the Agricultural Reserve Program. The Committee has forwarded correspondence expressing support for the utilization of the Fund Balance for the Rural Roads Projects (Item 5 a.2(r) $300,000 to the Rural Roads Projects. ITEM # 55950 Mayor Oberndorf advised re the Hampton Roads Military Alliance she is working with Mayor Paul D. Fraim - City of Norfolk, and Mayor Joe S. Frank - City of Newport News, to assure all of the needs of the cities impacted is met. Mayor Oberndorf wished to publicly extend appreciation to Governor Tim Kaine re allocating the States' $7.5-MILION toward the $15-MILLION the City was instructed to expend by the Base Realignment and Closure Commission (BRAC). The Oceana Land Use Conformity Committee met yesterday, January 8, 2007, to commence discussions re prevention of any further encroachments on Oceana Naval Air Station, in order to sustain Oceana as a major industry in this City. Mayor Oberndorf, Vice Mayor Jones, the City Manager and the City Attorney were in attendance on the City's behalf. January 9, 2007 - 9 - CITY COUNCIL COMMENTS 3:00 P.M. ITEM # 55951 Councilman Dyer requested Charles Meyer, Chief Operating Officer provide a status report concerning the Composting Facility at Tarleton Oaks. Ongoing e-mails are being received documenting the continuing problem. Councilman Dyer referenced an e-mail from the Southeastern Public Service Authority (SPSA) assuming control and he has concerns re the City not being involved in the interaction with the citizens. Charles Meyer advised of a minor misunderstanding with the Southeastern Public Service Authority (SPSA). A meeting had been established with a Tarleton Oaks Advisory Committee (formulated to work with the City and SPSA re this compost facility). The first meeting was conducted the third week in December which established an Agenda. Another meeting has been scheduled for the first week in February. SPSA was present and involved during the December meeting. The City clearly has a responsibility to maintain communications with the residents and SPSA has to be a major player in those communications, as well. The City and SPSA will participate in all meetings. An engineering audit by Malcolm Pirine is being conducted and a report is anticipated by the end of next week. An operational audit is also being commenced. SPSA and the residents will be advised of all this information. Vice Mayor Jones advised visiting the area at least three (3) times and he had not detected an odor. Mr. Meyer advised working with the residents re an odor log (time and type). The majority of time the odors are the compost smell. Occasionally, Hydrogen Sulfide is still apparent. The smells come and go. ITEM # 55952 Councilman Wood distributed DRAFT correspondence to Tom Fraim, Chair - Beaches and Waterways Advisory Commission, re Lake Trant. With City Council's concurrence, this letter will be signed by the Mayor. The residents of Lake Trant have expressed a desire that the scope of the Commission's inquiry be expanded. A list of issues the residents of Lake Trant have requested to be included within the Commission's review is encompassed within this correspondence. A review of the Right-of Entry Agreement between the City and each resident, the contract and bid documents, the Department of Environmental Quality Permit, the original design plans for the dredging and City policies documenting dredging criteria for overall consistency and content, as well as any correspondence related to such matters, with recommendations intended to address the potential for inconsistency of expectations arisingfrom such documents. A review of the pre-dredge and post-dredge survey data to determine if the contractor has fulfilled the terms of the contract and that the dredging depths in the original design plan have been achieved A review of all complaints and concerns brought forth to the City by the Trantwood Lake Corporation and individual residents of Lake Trant to determine if these concerns have been appropriately addressed by the City and to provide recommendations to address any unresolved issues. January 9, 2007 - 10- CITY COUNCIL COMMENTS ITEM # 55952 (Continued) A review of the financial oversight and management of the project, including the process for verifying the progress of the work prior to payment of the contractor and any recommendations for a better quality control system for future dredging projects. A review of all Department of Environmental quality violations associated with the project and an analysis of the events or causes of those violations, to include recommendations for preventing or controlling violations on future projects. A Beaches and Waterways PUBLIC HEARING has been scheduledfor Wednesday, January 10, 2007. Councilman Wood requested consensus of City Council that this correspondence be forwarded with copies to Leona Shuler - Trantwood Lake Corporation, the City Manager, City Attorney and City Clerk. Correspondence of October Eleventh from the City Manager was also referenced. BY CONSENSUS, the correspondence shall be forwarded to Mr. Tom Fraim, Chair - Beaches and Waterways Advisory Commission Councilman DeSteph requested the evaluation encompass all City dredging projects. ITEM # 55953 Councilman Villanueva referenced the City's review of all City owned parcels and the memo advising the review would not be completed until the end of Summer. Jim Lawson - Real Estate, advised many of the City properties of record were, in some cases, depicted incorrectly. The staff has had to review approximately 1800 properties to determine the right classification. The goal is to compile a booklet for each City Council Member. The City inventory re school sites, fire station sites, libraries, as well as vacant land designated as pump stations, park sites, and open space for each District as well as City-wide shall be compiled. Communications and Information Technology (ComIT), and the Real Estate Assessor have diligently assisted with this inventory to reverify the properties. After a conversation with ComIT this morning and hopefully within the next ten (10) days, a first DRAFT of the booklet should be available. The completed booklets, hopefully, should provided within thirty (30) days. The equivalent value of these properties should also be included. January 9, 2007 - 11 - AGE N DA REV I E W S E S ION 3:20 P.M. ITEM # 55954 J.2 Ordinance to AUTHORIZE the City Manager to execute documents re sale of EXCESS CITY-OWNED PROPERTY at 549 Aragona Boulevard to South Hampton Roads Habitatfor Humanity, Inc., re spot blight abatement. Commonwealth of Virginia Vegetation Control Permit Program: Councilman Wood advised Habitat for Humanity will purchase the property for a total of $90,000. Habitat will pay $44,000 in cash and execute a note for the remaining $46,000. The Note will be secured by a Deed of Trust encumbering the property. Does this place the City in a second position? Assistant City Attorney Elizabeth S. Chupik, advised this is considered a "soft second", which means when Habitat builds the house and sells to the owner occupant, the owner occupant will not be able to sell it to a third party as Habitat has acquired the property from the City at "less than market value ". Andrew Friedman, Director - Housing and Neighborhood Preservation, advised the original funding for the acquisition was from the Spot Blight Abatement Program and the funds would be returned to this Program. Sharon Prescott, Housing and Neighborhood Preservation, advised the lot was appraised at $90,000. In order to keep the property affordable for Workforce Housing, the staff decided they did not want to give away this extra value. Habitat offered $44,000 for the sale of the property with their original proffer and, after negotiation, the City would hold the "soft second". This "soft second" just transfers to the original owner to preserve the value. ITEM # 55955 J.4. Resolution to ENDORSE and PROMOTE the brand name "Hampton Roads, America's First Region" (HR-AFR). The Hampton Roads Partnership has requested each locality in Hampton Roads adopt an ordinance supporting the regional branding statement "Hampton Roads, America's First Region." Mayor Oberndorf and the City Manager advised each City has the right to either approve or disapprove the manner in which this statement is displayed. ITEM # 55956 K. 5. Ordinances to ACCEPT and APPROPRIATE: a. $23,828,000 of Fund Balance from the General Fund,' $3,260,000 within the Fund Balance from the General Fund; $210,000from the Water and Sewer Utility Fund Balance and $35,000 from the Storm Water Utility Fund to the General Fund re various Capital Projects and Operating Budget needs: 1. $3,260,000 of Fund Balancefrom the General Fund, $210,000 Water and Sewer Utility Fund Balance and $35,000from the Storm Water Utility Fund to the General Fund designated for GASB 45 re unfunded Retiree health care liabilities January 9, 2007 - 12 - AGE N DA REV IE W S E S ION ITEM # 55956 (Continued) 2. $23,728,000 of Fund Balancefrom the General Fund: (a) $500,000 to Shore Drive Corridor Improvements, Phase II (b) $500,000 to Shore Drive Corridor Improvements, Phase III (c) $1,500,000 to Shore Drive Corridor Improvements, Phase IV (d) $1,000,000 to Shore Drive Interim Safety Improvements (e) $800,000 for the preliminary design of a new Bayside Community Center (j) $320,000 to the Constitution Drive Extended Project (g) $2,300,000 for a new Fire and Rescue Station - Chesapeake Beach (h) $200,000 to the Town Center Pedestrian Bridge project (i) $2,100,000 to the Congestion Relief/Safety Improvement Program 0) $800,000 for the Storm Water Maintenance Backlog (k) $1,000,000 to the Pavement Maintenance Program (l) $500,000 to Pedestrian System Improvements, Phase I (m) $1,260,000 to Park Playground Renovations, Phase II (n) $6,550,000 to replenish the Various Site Acquisitions Project (0) $108,000 for the 3rt Street Parking Garage settlement (P) $90,000 to the 3rt Street Stage and Restrooms Project (q) $1,500,000 for roadway and safety improvements on Avalon Avenue - Avalon Woods (r) $300,000 to the Rural Roads Project for intersection improvements at Princess Anne and Pleasant Ridge Roads (s) $600,000 for the design of a new Fire and Rescue Station - Blackwater (t) $1,300,000 to the Regional Homeless Housing Project - Site Acquisition (u) $500,000 to the Kempsville Greens Golf Course Community Stormwater Bank Stabilization Project 3. $100,000 of Fund Balancefrom the General Fund to the FY2006- 07 Operating Budget of the Arts and Humanities Commission: (a) $10,000 to acquire a third piece for the Convention Center video wall (b) $90,000 to acquire public artworkfor the Sandler Center for the Performing Arts at Virginia Beach Council Lady Henley DISCLOSED and will ABSTAIN on 5a.2(r) re $300,000 to the Rural Roads Project for intersection improvements at Princess Anne and Pleasant Ridge Road as some of the property in which her family has an interest may be affected by this specific project. January 9, 2007 - 13 - AGE N DA REV IE W S E S ION ITEM # 55956 (Continued) b. $11,811,607 in FY 2005-06 School Reversion Funds to FY 2006-07 School Operating Budget and School Capital Budget: 1. $2,144,000 to "Instructional Technology" for various technology projects 2. $1,000,000 to establish the School Equipment Replacement Special Revenue Fund 3. $2,674,607 to the Instructional Category re various instructional materials and equipment 4. $1,072,000 to "School Operating Budget Support" re school plant projects 5. $321,000 to "School Human Resources/Payroll System" re system upgrade 6. $100,000 to Operations and Maintenance re school landscape services 7. $4,500,000 to the Instructional Category for pre-funding a portion of the FY 2007-08 annual retirement contribution Council Lady Henley referenced numerous e-mails. Catheryn Whitesell, Management Services, advised the $11.8-MILLION is related only to the Revenue Sharing Policy. The Virginia Beach School Board actually returned almost $17-MILLION back to the General Fund. Schools have previously appropriated the funds under-expended from their Budget (approved by City Council on October 24, 2006). This Ordinance is just the portion related to the seven (7) revenues the City divides 51.79% between the two (2) systems (City and Schools) and, by practice, the City Council has always returned that also to the Virginia Beach School Board. However, this is part of the "revenue over budget" under discussion. Farrell E. Hanzaker, Chief Financial Officer - Virginia Beach City Public Schools, advised relative City Council concerns, the Virginia Beach City School Board is aware of the possibility that the comments the Public may have re excess revenues. Mr. Hanzaker referenced Virginia Beach School Board Chairman Daniel D. Edwards' correspondence to the Mayor dated January 8, 2007, re public Hearings on School Reversion funds. The Schools believe the City will support the "good faith" partnership with the Revenue Sharing and appropriate this $11.8-MILLION back to the Virginia Beach City Schools as in the past. Most of these funds are focused on the classroom to ensure the Schools can sustain their level of excellence. The majority are one time expenditures. These funds will not be added back into the base budget. The School Board will meet the same time tonight as City Council. January 9, 2007 - 14 - AGE N DA REV IE W S E S ION ITEM # 55956 (Continued) BY CONSENSUS, the following shall compose the CONSENT AGENDA: K. ORDINANCES/RESOLUTION 1. Ordinances to AMEND City Code: a. SS35-163 and 35-169 re collectors' record retention requirements for lodging and admissions taxes b. S18-49 re local license taxfor alcoholic beverages at day spas c. S35-138.1 re food and beverage tax exemption for mandatory gratuities, tip and service charges 2. Ordinance to A UTHORIZE the City Manager to execute documents re sale of EXCESS CITY-OWNED PROPERTY at 549 Aragona Boulevard to South Hampton Roads Habitatfor Humanity, Inc., re spot blight abatement. 3. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of way: a. MICHAEL J. and HELEN V. STANDING, t/a WATERMAN'S RESTAURANT at 5th Street re the construction and maintenance of a roof overhang DISTRICT 6 - BEACH b. STIHL INCORPORATED at International Parkway, Hawkeye Court and London Bridge Road re the construction and maintenance of high density polyethylene conduit for fiber optic and copper computer cables DISTRICT 6 - BEACH c. KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC., at Kempsville Road and Kempsville Crossing Lane re the maintenance of two (2) existing neighborhood subdivision signs, landscaping, electric meters, pedestals and flood lights DISTRICT 1- CENTERVILLE 4. Resolution to ENDORSE and PROMOTE the brand name "Hampton Roads, America's First Region" (HR-AFR). January 9, 2007 - 15 - AGE N DA REV IE W S E S ION ITEM # 55956 (Continued) 5. Ordinances to ACCEPT and APPROPRIATE: c. $1,030,247 in State and Federal Revenues and $1,000,000 in Fund Balance to the FY 2006-07 Department of Human Services Operating Budget re adding nine (9) full time positions and providing additional mental heath, mental retardation and social services: 1. $53,606 re increased Medicaid caseload management 2. $ 75,000 re community-based programs to divert individuals with mental illness from jail 3. $901,641 re ongoing psychiatric care, nursing and respite services 4. $1,000,000 re housing services to disabled adults; and AUTHORIZE the City Manager to purchase services from Virginia Beach Community Development Corporation (VBCDC) d. $175,000 grant from the Virginia Department of Conservation and Recreation re a series of water quality enhancement projects: 1. $73,500 to Lynnhaven Watershed Restoration 2. $101,500 to Water Quality Participation e. $88,130 from the Virginia Office of Emergency Medical Services (EMS) "Four-for-Life" program to the FY 2006-07 Emergency Medical Services Department Operating Budget re additional computer equipment, twelve (12) lead defibrillators and associated medical equipment 6. Ordinances re the Department of Libraries FY 2006-07 Operating Budget: a. APPROPRIATE $11,000 and AUTHORIZE the use of a collection agency re overdue library material retrieval b. TRANSFER $150,000 re support for the purchase of a records management inventory control system Item 5d1.2. ($175,000 grant from the Virginia Department of Conservation and Recreation) will be DEFERRED, BY CONSENT, until the City Council Session of February 6, 2007. This item requires a $175,000 local match, as well. January 9, 2007 - 16 - AGE N DA REV I E W S E S S ION ITEM # 55957 L.5. Application of MILITARY AVIATION MUSEUMfor a Conditional Use Permit for a museum within an existing airport hanger at Gum Bridge and Princess Anne Roads. DISTRICT 7 - PRINCESS ANNE Council Lady Henley referenced at least one speaker is registered. This item shall be discussed in the Formal Session. The question concerns whether the condition removed by the Planning Commission should be removed or should be retained. ITEM # 55958 L. 6. Application of CHARLES M. and DA WN R. RICHT for a Conditional Use Permit for an alternative residential development (three single-family lots) at Princess Anne Road and Munden Point Road. DISTRICT 7 - PRINCESS ANNE Council Lady Henley wishes this item discussed during the Formal Session as she has questions concerning the interpretation of "allocation of lots ". ITEM # 55959 L. 7. Application of SAINT JAMES MISSIONARY CHURCH for a Conditional Use Permit for a childcare center and before/after School program within an existing church at 5724 Old Providence Road. DISTRICT 2 - KEMPSVILLE Councilman Diezel wished City staff review items of this nature concerning Churches having childcare centers, and if these facilities are in accordance with State guidelines and also in compliance with construction requirements. ITEM # 55960 BY CONSENSUS, the following items shall compose the PLANNING BY CONSENT Agenda: L. PLANNING 1. Application of STEPHEN and LORI BURWELL for an enlargement of a noncoriforming use at 310 45th Street to add two (2) small one-story additions. DISTRICT 6 - BEACH January 9, 2007 - 17 - AGE N DA REV IE W S E S ION ITEM # 55960 (Continued) 2. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for PYONG TU CHO at 1212 North Inlynnview Road to subdivide the existing two lots and develop a new lot for a single family dwelling. DISTRiCT 5 - LYNNHA VEN 3. Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for ROSE ANNA ETHERIDGE at 2934 Princess Anne Road to demolish the existing structure and construct an appropriate replacement. DISTRiCT 7 - PRiNCESS ANNE 4. Application of CINGULAR WIRELESS for a Conditional Use Permit to install a wireless communications tower at 5638 Baccalaureate Drive (Campus East and Lake Edward). DISTRiCT 2 - KEMPSVILLE 7. Application of SAINT JAMES MISSIONARY CHURCH for a Conditional Use Permit for a childcare center and before/after School program within an existing church at 5724 Old Providence Road. DISTRiCT 2 - KEMPSVILLE Item L.2 (Pyong Tu Cho) shall be DEFERRED INDEFINITELY, BY CONSENT. Item 14 (Cingular Wireless) shall be DEFERRED INDEFINITELY BY CONSENT. January 9, 2007 - 18 - ITEM # 55961 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711 (A), Code of Virginia, as amended, for the following purpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(l) 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). APZ-1 Properties Interfacility Traffic Area Properties TPC Dome Site Rudee Site Convention Center Site Upon motion by Councilman Wood, seconded by Councilman Dyer, City Council voted to proceed into CLOSED SESSION (3:58 P.M.). Voting: 9-0 Council Members Voting Aye: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: Harry E. Diezel and Ron A. Villanueva (Closed Session: 4:09 P.M. - 6: 15 P.M.) (Break: 4:00 P.M. - 4:09 P.M.) (Dinner: 6:15 P.M. - 6:30 P.M.) January 9, 2007 - 19 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL January 9, 2007 6:30 P.M. Mayor Meyer E. Oberndorfcalled to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, January 9,2007, at 6:30 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, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCA TION: Reverend Stanley Sawyer, DD All Saints 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. January 9, 2007 - 20- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 55962 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 exempt from Open Meeting requirements by Virginia law were discussed in Closed Session to which this certification resolution applies. AND, Only such public business matters as were identified in the motion convening the Closed Session were heard, discussed or considered by Virginia Beach City Council. Voting: 11-0 Council Members Voting Aye: 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 RESOLUTION CERTIFICATION OF CLOSED SESSION VIRGINIA BEACH CITY COUNCIL WHEREAS: The Virginia Beach City Council convened into CLOSED SESSION, pursuant to the affirmative vote recorded in ITEM # 55961, Page 18, and in accordance with the provisions of The Virginia Freedom of Information Act; and, WHEREAS: Section 2.2-3712 of the Code of Virginia requires a certification by the governing body that such Closed Session was conducted in conformity with Virginia law. NOJ-v, THEREFORE, BE IT RESOL VED: 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. ~L.t~d~ uth Hodges Fraser, MMC City Clerk January 9, 2007 - 21 - Item V-F./. MINUTES ITEM #55963 Upon motion by Councilman Dyer, seconded by Councilman DeSteph, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of December 12,2006. Voting: 11-0 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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 - 22- Item V-G 1... ADOPTAGENDA FOR FORMAL SESSION ITEM #55964 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION January 9, 2007 - 23 - Item V-G.2. PRESENTATION ITEM #55965 Mayor Oberndorf recognized the following Boy Scouts in attendance to fitljill requirements for their Communications and Citizenship badges. Troop 99 Ryan Fitzgerald Patrick Gest Sam Gest Keith Gworek Sam Venable Sean Myer Nick Stough Troop 777 Sponsored by Church of the Holy Family Allen Edwards Mayor Oberndor! presented each student with a City Seal pin from the City of Virginia Beach. January 9, 2007 - 24- Item V-H.1. PUBLIC HEARING ITEM #55966 Mayor Oberndorf DECLARED A PUBLIC HEARING: SALE OF EXCESS CITY PROPERTY 509 Aragona Boulevard There being no speakers. Mayor OberndorfCLOSED THE PUBLIC HEARING: January 9, 2007 - 25 - Item V-H.2a1b. PUBLIC HEARING ITEM #55967 Mayor Oberndorf DECLARED A PUBLIC HEARING: FY 2006-07 CAPITAL BUDGET AMENDMENTS SUPPLEMENTAL APPROPRIATIONS: $23,728,000 to various Capital Projects $3,537,000 to various School Projects The following registered to speak: Al Strazzullo, 3120 Sandpiper Road, Phone: 481-0024, registered in OPPOSITION to the supplemental appropriations and amendments totaling $27.3-MILLION. Mr. Strazzullo recommended setting aside 85% of the $27.3-MILLIONfor a real estate tax relieffund. Curtis Karvala, 1529 Seafarer Lane, Phone: 481-1930, fifty-year resident, requested the tax funds be returned to the citizens. Real estate taxes have increased an average of 22% per year over the last three (3) years. In November 2006, the United States Department of Labor reported Virginia Beach has the lowest weekly wage levels in the State and ranks in the lowest 1/5 of the Nation. Robert Dean, Communications Director - Tidewater Libertarian Party, 1204 Shawn Drive, Phone: 427-6606, quotedfrom the Late Colonel David Crockett, United States Representativefrom Tennessee. Said remarks are hereby made a part of the record. Mr. Dean requested the tax rate be decreased to 78~ per $100.00 Sandy Linkous, 5225 South Lake Road, Phone: 464-1947, requested the surplus be returned to the tax- payers and requested the policy be changed re not permitting the surplus to be returned. Mona Saferstein, 748 Virginia Dare Drive, Phone: 422-0401, requested the surplus be returned to the tax- payers. Statement is hereby made a part of the record Kenneth Pravetz, 4305 Shrew Trail, Phone: 416-1120, Virginia Beach Professional Firefighter, supported the funding of the replacement of the Chesapeake Beach Fire Station, and the Blackwater Fire facility. Both are antiquated. The allocation of the fund balance to Constitution Drive extension will allow plans for the replacement of a desperately needed Town Center Fire Station to move forward. The proposal to set funds aside to address the GASB 45 requirement is necessary to protect the City's bond rating and to maintain the City's competitive edge in the Marketplace. These funds will only be earmarked for an anticipated expense John McMullen, 504 Ben Hogan Drive, Phone: 499-3799, long time resident and retiredfrom the Navy. Mr. McMullen requested surplus be returned to the tax payers. Gary Baskin, 605 Lynn Shores Drive, Phone: 486-6995, references proposed House Bill 1706, which will limit the real estate tax increases to three (3%) percent over the prior years taxed. Mr. Baskin requested the surplus be returned to the tax payers. Millie Jones, 1035 South Bay Shore Drive, Phone: 491-8656, residentfor twenty-seven (27) years. Ms. Jones advised her real estate tax increased 41% last year Bob Hedrick, 1132 Blackburn Lane, Phone: 460-0136, spoke in support of tax relief January 9, 2007 - 26- Item V-H.2a1b. PUBLIC HEARING ITEM #55967 (Continued) Robert 0 'Conner, 204 52nd Street, Phone: 428-0902, represented the Citizens Action Coalition and requested less be expended on the Oceanfront tourism projects. Mr. 0 'Conner requested the surplus be returned to the tax payers Kal Kassir, 2009 Alphine Road, Phone: 647-2468, Chair - Shore Drive Advisory Committee (now Bay Front Advisory Committee). Mr. Kassir recognized the members of the Committee in attendance and spoke in SUPPORT of the $3.5-MILLION dedicated to the Shore Drive improvements Todd Solomon, represented the Shore Drive Community Coalition, spoke in SUPPORT re items concerning Shore Drive ($3.5-MILLION). In 2005, there were six (6) deaths on Shore Drive. The Community requested the establishment of the Shore Drive Safety Task Force Theresa Brown, 4809 Kempsville Greens Parkway, Phone: 495-4515, spoke in SUPPORT of the funding of the stabilization project for the Kempsville Greens Golf Course Stormwater Ponds I and II Lynn Sparrow, 1413 Cherry Court, Phone: 481-1415, thirty-two (32) year resident, expressed concern re the tax increases Steve Jones, 1035 South Bay Shore Drive, Phone: 491-8656, advised citizens cannot afford to live in Virginia Beach and pay taxes Reid Greenmun, 2621 Sandpiper Road, Phone: 615-4533, resident of Sandbridge, advised taxes almost doubled and now his home is for sale. Mr. Greenmun requested the surplus be returned to the taxpayers. Mr. Greenmum expressed concern re the $6.5-MILLION to replenish site acquisition projects Darl Anderson, 4425 Jeanne Street, Phone: 373-1407, resident of Virginia Beachfor almostforty (40) years, expressed concern re $108,000 for the 3pt Street Parking Garage settlement Wally Erb, 150 Cayuga Road, Phone: 581-4287, expressed concern re the Kempsville Greens Golf Course funding and requested the surplus be returned to the taxpayers John D. Moss, 4109 Richardson Road, Phone: 363-7745, Chairman - Virginia Beach Taxpayer Alliance, requested the surplus be returned to the taxpayers. The average weekly wage in Virginia Beach is $630, which is $40.00 less than last year. Leigh Penner, President - Friends of Virginia Beach Animal Control, 1624 Dye Cove, Phone: 490-0022 (work), 333-5012 (home). Statement and materials are hereby made a part of the record. Ms. Penner requested a small portion of this $27-MILION be committed to a new animal control shelter The City Manager advised the Real Estate revenues for the City this past year were actually undercollected by $400,000 (the real estate tax came in under estimate). The bulk of the Fund Balance was derivedfrom the personal property tax and the schedule of the State returning those funds to the City. The settlement item on the 3rt Street Parking Garage involved a dispute regarding the construction activities over a period of years. The amount in dispute was $216,410. Rather then spend this amount in litigation,' the settlement reached was in the amount of $108,000. Relative the animal control building, a comprehensive study concerning the Leroy Drive complex and the facilities located there is now being conducted. There being no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING January 9, 2007 - 27- Item V-H.3 PUBLIC COMMENT ITEM# 55968 Mayor Oberndor! invited PUBLIC COMMENT: NEWS RACK REGULATIONS This PUBLIC COMMENT was CANCELLED. City Council was advised the speaker representing the Virginian Pilot is satisfied. During the City Council Briefing Session, City Council DEFERRED, BY CONSENSUS, the Public Comment Session for thirty (30) days, as a compromise position has been developed. January 9, 2007 - 28 - Item V,K ORDINANCES/RESOLUTION ITEM #55969 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED IN ONE MOTION Ordinances/Resolution 1a/blel, 2, 3a/ble, 4, 5c1e, 5d (DEFERRED), and 6a/b of the CONSENT AGENDA Item 5 d.1.2 (water quality enhancement projects) was DEFERRED, BY CONSENT, until the City Council Session of February 6, 2007) Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 - 29- Item V.K 1. ORDINANCES/RESOLUTION ITEM #55970 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AMEND City Code: a. 9935-163 and 35-169 re collectors' record retention requirements for lodging and admissions taxes b. 918-49 re local license taxfor alcoholic beverages at day spas c. 935-138.1 refood and beverage tax exemptionfor mandatory gratuities, tip and service charges Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 1 AN ORDINANCE TO AMEND CITY CODE SECTIONS 35- 2 163 AND 35-189 PERTAINING TO COLLECTORS' 3 RECORDS 4 5 SECTIONS AMENDED: ~~ 35-163 AND 35-189 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Sections 35-163 and 35-189 are hereby amended and 10 reordained to read as follows: 11 Sec. 35-163. Collector's records. 12 It shall be the duty of every person liable for the collection 13 and payment to the city of any tax imposed by this article to keep 14 and to preserve, for a period of t~o (2) yc~ro five (5) years, such 15 suitable records as may be necessary to determine the amount of 16 such tax as he may have been responsible for collecting and paying 17 to the city. The commissioner of revenue may inspect such records 18 at all reasonable times. 19 20 Sec. 35-189. Collector's records. 21 It shall be the duty of every person liable for the collection 22 and payment to the city of any tax imposed by this article to keep 23 and to preserve, for a period of t~o (2) yc~ro five (5) years, such 24 suitable records as may be necessary to determine the amount of 25 such tax he may have been responsible for collecting and paying to 26 the city. The commissioner of revenue may inspect such records at 27 all reasonable times. 1 28 Adopted by the City Council of the City of Virginia Beach, 29 Virginia, on this 9th day of January, 2007. 2 1 AN ORDINANCE TO AMEND CITY CODE SECTION 18-49 2 PERTAINING TO ALCOHOLIC BEVERAGES 3 4 SECTION AMENDED: ~ 18-49 5 6 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 7 BEACH, VIRGINIA: 8 That Section 18-49 is hereby amended and reordained to read as 9 follows: 10 Sec. 18-49. Alcoholic beverages--Generally. 11 (a) Every person engaged in manufacturing, bottling, selling 12 or dispensing alcoholic beverages shall pay license taxes in the 13 following sums, per annum: 14 (1 ) For each distiller's license, if more than 5,000 gallons 15 of spirits are manufactured during the license year, 16 including bottling, $1,000.00. 17 (2 ) For each winery license, $50.00. 18 (3) For each brewery license, including bottling, $1,000.00. 19 (4) For each bottler's license, $500.00. 20 (5) For each wholesale beer license, $250.00. 21 ( 6) For each wholesale wine distributor's license, $50.00. 22 (7 ) For each retail on-premises wine and beer license for a 23 hotel, restaurant, gift shop, gourmet shop, convenience 24 grocery store or club; for each retail off-premises wine 25 and beer license; and for each on and off-premises wine 26 and beer license, $150.00. 1 27 28 29 30 31 32 33 34 (8 ) (9 ) For each retail on-premises beer license for a hotel, restaurant or club; for each retail off-premises beer license; for each on- and off-premises beer license; and for each druggist license, $100.00. For each bed & breakfast license, $40.00. (10) For each day spa license, $20.00. (b) The licenses referred to in subsection (a) above shall be 35 as respectively defined by the Alcoholic Beverage Control Act of 36 the state, as amended, and the terms "alcoholic beverages", 37 "alcohol", "spirits", "beer" and "wine", wherever used in this 38 section shall have the meanings respectively ascribed to them by 39 such act. 40 41 person, (c) No license shall be issued under this section to any unless such shall hold shall secure person or 42 simultaneously therewith the proper state license required by the 43 Alcoholic Beverage Control Act. Such state license shall be 44 exhibited to the commissioner of revenue. 45 (d) Any license issued under this section may be amended to 46 show a change in the place of business within the city. Any such 47 license may be transferred from one person to another; provided the 48 person to whom transferred holds, at the same time, a similar 49 license from the state alcoholic beverage control commission. 50 (e) In imposing wholesale merchant's license taxes measured 2 51 by purchases and retail merchant's license taxes measured by sales 52 and restaurant license taxes measured by sales under the provisions 53 of this chapter, other than the provisions of this section, 54 alcoholic beverages shall be included in the base or bases for 55 measurlng such license taxes the same as if the alcoholic beverages 56 were nonalcoholic. No alcoholic beverage license tax levied under 57 this section shall be construed as exempting any licensee from any 58 merchant's or restaurant license tax, and such merchant's and 59 restaurant license taxes shall be in addition to the alcoholic 60 beverage license taxes levied hereby; provided, however, that in 61 determining the liability of a beer wholesaler or wholesale wine 62 distributor to merchant's license taxation under this chapter, 63 there shall be deducted from such merchant's license tax the amount 64 of the specific license tax imposed under this section and paid by 65 such beer wholesaler or wholesale wine distributor. 66 Adopted by the City Council of the City of Virginia Beach, 67 Virginia, on this 9th day of January, 2007. 3 / APPROVED AS TO LEGAL SUFFICIENCY: APPROVED AS TO CONTENT: , ~Mu , flf./'- City Attorney' Office CAI0234 V:\applications\citylawprod\cycom32\Wpdocs\D019\P001\O0025155,DOC R-3 December 29, 2006 4 1 AN ORDINANCE TO AMEND CITY CODE SECTION 35- 2 138.1 PERTAINING TO GRATUITIES AND SERVICE 3 CHARGES 4 5 SECTION AMENDED: ~ 35-138.1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 That Section 35-138.1 is hereby amended and reordained to read 10 as follows: 11 Sec. 35-138.1. Gratuities and service charges. 12 (a) Where a purchaser provides a gratuity for an employee of 13 a seller, and the amount of the gratuity is wholly in the 14 discretion of the purchaser, the gratuity is not subject to the tax 15 imposed by this article, whether paid in cash to the employee or 16 added to the bill and charged to the purchaser's account; provided, 17 in the latter case, that the full amount of the gratuity is turned 18 over to the employee by the seller. 19 (b) An amount or percent, whether designated as a gratuity, 20 tip, or service charge, that is added to the price of the meal by 21 the seller, and required to be paid by the purchaser, io ~ p~rt of 22 the :Jelling price of the H\e~l ~nd io :Jubj ect to the t~}{ impooed by 23 thi:J ~rticle to the extent that such mandatory gratuity, tip or 24 service charge does not exceed 20% of the sales price, is not 25 subject to the tax imposed by this article. 1 26 Adopted by the City Council of the City of Virginia Beach, 27 Virginia, on this 9th day of January, 2007. 2 - 30 - Item V.K 2. ORDINANCES/RESOLUTION ITEM #55971 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE the City Manager to execute documents re sale of EXCESS CITY-OWNED PROPERTY at 549 Aragona Boulevard to South Hampton Roads Habitat for Humanity, Inc., re spot blight abatement. Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 1 2 3 4 5 6 7 AN ORDINANCE DECLARING 549 ARAGONA BOULEVARD IN EXCESS OF THE CITY'S NEEDS AND AUTHORIZING THE CITY MANAGER TO DISPOSE OF SAME WHEREAS, by ordinance adopted April 13, 2004, 8 pursuant to the Spot Blight Abatement Program, the City 9 Council of the City of Virginia Beach authorized the 10 acquisition, by agreement or condemnation, of property 11 generally known as 549 Aragona Boulevard, Virginia Beach, 12 Virginia 23462 (the "Property") more particularly described 13 on Exhibit "A" attached hereto, for the purpose of abating 14 spot blight on the Property; 15 WHEREAS, the April 13, 2004 ordinance provided 16 that the City shall resell the Property to South Hampton 17 Roads Habitat for Humanity, Inc., a similar not-for-profi t 18 organization, or other entity, which would construct a new 19 single-family dwelling on the Property, and the ordinance 20 further provided that after construction, the Property 21 would be sold to a qualified owner-occupant; 22 WHEREAS, the City acquired the Property by 23 condemnation by Order of the Virginia Beach Circuit Court 24 entered November 10, 2004, and recorded as Instrument 25 Number 20041112001804070 In the Clerk's Office of the 26 Circuit Court of the City of Virginia Beach; 27 WHEREAS, prlor to the City's acquisition the 28 Property had been declared as unfit for human habitation; 29 WHEREAS, after acquiring the Property, the City 30 demolished the house and the property is suitable for new 31 construction; 32 WHEREAS, the City solicited and received 33 proposals from not-for-profi t organizations, and the City 34 Council is of the opinion that of the proposals timely 35 received, the proposal submitted by South Hampton Roads 36 Habitat for Humanity, Inc. , a Virginia non-stock 37 corporation, is the proposal that best meets the interests 38 of the City, the public and the residents of the 39 neighborhood in which the Property is located, and that the 40 terms of the Purchase Agreement adequately ensure that the 41 Property will be timely rehabilitated and sold to a 42 qualified owner-occupant. 43 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF 44 THE CITY OF VIRGINIA BEACH, VIRGINIA: 45 That the Property as described In Exhibit "AU lS 46 hereby declared to be in excess of the needs of the City of 47 Virginia Beach and that the City Manager lS hereby 48 authorized to execute a Purchase Agreement and an y 49 documents necessary to convey the property to South Hampton 50 Roads Habitat for Humanity, Inc., a Virginia non-stock 51 corporation, in accordance with the attached Summary of 52 Terms marked as Exhibit "B", and such other terms, 53 conditions or modifications as may be satisfactory to the 54 City Attorney. 55 This ordinance shall be effective from the date 56 of its adoption. 57 Adopted by the Council of the City of Virginia 58 Beach, Virginia, on the 9 day of January , 2007. APPROVED AS TO CONTENT APPROVED AS TO LEGAL SUFFICIENCY Q\R ~!. C. ~c..,- . .c', pffj;ic Works RfAl ES7Ft1C Ci~~ ChFV--- APPROVED AS TO CONTENT ~"'-k ~ Housing and Neighborhood Preservation CA-10160 \\vbgov.com\dfsl\applications\citylawprod\cycom32\Wpdocs\D005\P001\00024503.DOC R-l 12/5/2006 EXHIBIT A GPIN: 1477-18-3024-0000 (549 Aragona Boulevard) All that certain lot, tract or parcel of land together with all improvements thereon, situate, lying and being in the City of Virginia Beach, Virginia, designated and described as Lot One (1), in Block C, as shown on that certain subdivision plat entitled: "SUBDIVISION OF ARAGONA VILLAGE, SECTION I, PRINCESS ANNE COUNTY, VA," dated February 1955, and prepared by Frank D. Tarrall, Jr. and Associates, which plat is duly recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, in Map Book 38, at pages 42A and 42B, to which reference is made for a more particular description. It being the same property conveyed to the City of Virginia Beach by Order entered November 10, 2004 and recorded in the aforesaid Clerk's Office of the Circuit Court as Instrument No. 20041112001804070. EXHIBIT B SUMMARY OF TERMS SALE OF EXCESS PROPERTY AT 549 ARAGONA BOULEVARD SELLER: PURCHASER: PROPERTY: SALE PRICE: City of Virginia Beach South Hampton Roads Habitat for Humanity, Inc., a Virginia non stock corporation, Land at 549 Aragona Boulevard, Virginia Beach, Virginia 23462 GPIN: 1477-18-3024 $90,000 ($44,000 in cash and a lien for the remaining $46,000) OTHER TERMS OF SALE . Buyer to purchase "AS IS". . Buyer intends to use the property for residential development and shall, after development/restoration, transfer the property to an owner-occupant of low to moderate income. . Buyer shall commence renovation substantially in accordance with plans submitted with its proposal within 60 days after delivery of possession and continue steadily until work is completed. Occupancy permit to be obtained within 180 days after delivery of possession. . The City will place a lien against the property for $46,000 (the difference between the appraised value of$90,000 and the cash amount of $44,000 paid by Habitat). This $46,000 lien will be subordinated to a lien in favor of Habitat when Habitat resells the property to a third party and finances that sale. However, that third party must assume the obligations under the lien and the purchase agreement between Habitat and the City. Also, the City would have the right to require repayment of the lien if the Buyer or ultimate owner should seek to use the property as collateral or refinance. . Deed to Buyer will contain a repurchase right, triggered by Buyer's failure to timely renovate the property. . Other terms contained in the Purchase Agreement signed by South Hampton Roads Habitat for Humanity, Inc., a Virginia non-stock corporation, and/or deemed satisfactory by the City Attorney. - 31 - Item V.K 3.a. ORDINANCES/RESOLUTION ITEM #55972 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into portions of the City's rights-ofway: MICHAEL J. and HELEN V. STANDING, t/a WATERMAN'S RESTAURANT at 5th Street re the construction and maintenance of a roof overhang DISTRICT 6 - BEACH The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnifY and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must obtain a permit from the Office of Development Services Center/Planning Department prior to commencing any construction. 7. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. January 9, 2007 - 32 - Item V.X 3.a. ORDINANCES/RESOLUTION ITEM #55972 (Continued) 8. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-of-way encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant,' and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORI ZE A 4 TEMPORARY ENCROACHMENT INTO A 5 PORTION OF THE CITY RIGHT-OF-WAY 6 KNOWN AS 5TH STREET BY MICHAEL J. 7 STANDING AND HELEN V. STANDING, 8 TRADING AS WATERMAN'S 9 RESTAURANT. 10 11 WHEREAS, Michael J. Standing and Helen V. Standing, trading 12 as Waterman's Restaurant, desire to construct and maintain a 16" 13 Roof Overhang, 23' in height, into a portion of the City right- 14 of-way known as 5th Street, Virginia Beach, Virginia 23451. 15 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 16 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 17 authorize temporary encroachments upon the Ci ty' s rights-of-way 18 and property subject to such terms and conditions as Council may 19 prescribe. 20 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 21 VIRGINIA BEACH, VIRGINIA: 22 That pursuant to the authority and to the extent thereof 23 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 24 as amended, Michael J. Standing and Helen V. Standing, trading 25 as Waterman's Restaurant, their assigns and successors in title 26 are authorized to construct and maintain a temporary 27 encroachment for a 16" Roof Overhang, 23' in height, into a 28 portion of the City's right-of-way as shown on the map marked 29 Exhibit UA" and entitled: UPLAT SHOWING TEMPORARY ENCROACHMENT 30 FOR ROOF OVERHANG INTO 5TH STREET FOR LOTS 1 AND 2 BLOCK 4 31 PARTIAL PLAT PROPERTY OF VIRGINIA BEACH HOLDING CORP. MB. 7 P 32 95", a copy of which is on file in the Department of Public 33 Works and to which reference is made for a more particular 34 description; and 35 36 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria 37 contained in the Agreement between the City of Virginia Beach 38 and Michael J. Standing and Helen V. Standing, trading as 39 Waterman's Restaurant (the "Agreement"), which is attached 40 hereto and incorporated by reference; and 41 BE IT FURTHER ORDAINED, that the City Manager or his 42 authorized designee is hereby authorized to execute the 43 Agreement; and 44 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 45 effect until such time as Michael J. Standing and Helen V. 46 Standing, trading as Waterman's Restaurant, and the City Manager 47 or his authorized designee execute the Agreement. 48 Adopted by the Council of the City of Virginia Beach, 49 virginia, on the 9th day of January 2007. 2 CA-10165 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10165 Standing- Waterman's Restaurant Ordinance.doc V:\app1ications\citylawprod\cycom32\Wpdocs\D029\P001\00024033.DOC R-1 PREPARED: 11/21/06 APPROVED AS TO CONTENTS C"'~fYY\~ C' OOiM tM.- ~:~'l Estate APPROVED AS TO LEGAL s FF~l1r; FORM 3 1 Ii /l ~i ~,1 !l t.f II 1 il Ii II I) II I I I I - I I I ! II /, I Ij II 'I .. I f i i, I' I EX!+Ub I r A A TLAAlTIC, OCct+N 0.0' (JfJ' ~~~::;;=::::-~=~~:-_-;;=~~~. ~_ ,e,<~e//' Le.I.\ I I I , 1 i fMPO,S f.l) I'" f{()6F ENCRI> , W..,T6FV1\lVV!' ~ Sir - aI\ ~ f<<,. CO~ sl:J. ~fHG- ~ ~ ,.... ~ 1- "?~ ~ ~ i'- ~ i, ~ , , "'" I~ ;!- i j il ! !I ! . I I f I I f I - T'N,. i-~ c: =:l ......--..._,..,-_,..':r--....""""""..~"'.~......."'-'$.N'k..."..,_.,...,',.~.,._""'.,._"..."."~_,~,.._,_.._ i ' I I I, ! I r-- -11/ .~'c_--..""'"'-'-._"'___"_~ __ flit/ A1 t-ANTIC A VZ; AI UIi (80 I I</W) PLAT SI--JOW/N 6 -r[{1)PO(~I1RY [).fC~(j4Cf-j f'l}EN{ POI?.. J?oor: OVER. H tiNe /J./ro 5"~ STRE~T L. b 7.s / 4/ld ~ ~LOC.K. -4 'It f(r, ~ J., Pl-ht' fp'6~t' ~ V/~ ~I N/~4 ~FA Cft HOLI) /NG C6Af..: M 13. '1 l g{;' vIA,GINIA '&~"c.H IOA,ovtu 'V/,(GlNIA BF'A-&f-I, VA. .;........ .. ,.." . <1l.","-~.........~"...m,..- _~.. '''11" i':>::\IIfioI'l."..~..~ ". 1 '1kl~...w~_~_~:..'-.I.~ ...~~"":""'"~~;""_~.."'A>..w.l...__..:~q\'_-..._;;,;.:..._..~,__.....__,,,-.<...... ~ II !Wl,'N: ~1;;>1 ~tlW" :dliiQlil-1,llll .'l!lIl,SI<::.Q;Jlf::~$liI:mO\lIJ~l.!fi-l~$w-" l~I~N!Jj..~..t1Ofl'~~~ J! ~ u- n ~j it It I i t- ., PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDA nON TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this i3~ day of NO\lel'Y\btr , 200~, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MICHAEL 1. STANDING AND HELEN V, STANDING, TRADING AS WATERMAN'S RESTAURANT, THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "Lots 1 and 2, Block 4" as shown on that certain plat entitled: "PARTIAL PLAT PROPERTY OF VIRGINIA BEACH HOLDING CORP." and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 7, at page 95, and being further designated, known, and described as 415 ATLANTIC AVENUE, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to construct and maintain a 16" Roof Overhang, 23' in height, the "Temporary Encroachment", in the City of Virginia Beach; WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of an existing City right of way known as "5th Street", the "Encroachment Area"; and GPIN: 2427-32-1913-0000 WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "PLAT SHOWING TEMPORARY ENCROACHMENT FOR ROOF OVERHANG INTO 5TH STREET FOR LOTS 1 AND 2 BLOCK 4 PARTIAL PLAT PROPERTY OF VIRGINIA BEACH HOLDING CORP, MB. 7 P 95" a copy of which is attached hereto as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the 2 Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out ofthe construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of 3 the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner . provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Michael 1. Standing and Helen V. Standing, trading as Waterman's Restaurant, the said Grantee, have caused this Agreement to be executed by their signatures. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 4 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200_, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200_, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public MyCommission Expires: STATE OF CITY/COUNTY OF \h (~i n; Ct ~etlck, to-wit: The foregoing instrument was acknowledged before me this c~tk.~ day of t\Jo l}\'. \'\'1 be. Y" , 200LP , by Michael J. Standing. My Commissi~n Expires: '"t::e.l~" J '\ 2.C'C)g l~e bV'I/'"'a k.,'O, C o.QQ cJ.,\(\<) Notary Public STATE OF CITY/COUNTY OF \{~(_9;('\;u.. &.ClC t~ to-wit: The foregoing instrument was acknowledged before me this l3 +t- day of ~ )()Vt~\f\ bey , 2001L, by Helen V. Standing. My Commission Expires: "De(: 31,2e{SJ 'utwVc::::t.k.15 CQQJ~o.~Lt.il Notary Public APPROVED AS TO CONTENTS k~~' ~~, f'~ K:nd tcldc" DEPARTMENT AP ROVED AS TO LEGAL FIpEIJX( ORM 6 "k~I+' 6lT A A r LAAlTIC. ClC(.#N (J.o" \ fMPO.5 f. P t' "t{O 6F EAI t. F{(> , II ! ~ ~ '0 C,JC ~p ~ ~ -;. ..,~ ~ ~ CL ...... "i ~ r .. {- - =: t . w -........L......-.;l_>_._>_..~, f':' ~ ::...~ _ r'"' tI> . fIll/ A1 '-ANTIC AVE' IJUF (eo I I</W) Pun 5I--JOWIN 6 -rttnPo(~f1R.Y [JJCf(d4Ci.t f'1}fNT POJ?.. 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ORDINANCES/RESOLUTION ITEM #55973 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE a temporary encroachment into portions of the City's rights-of way: STIHL INCORPORATED at International Parkway, Hawkeye Court and London Bridge Road re the construction and maintenance of high density polyethylene conduit for fiber optic and copper computer cables DISTRiCT 6 - BEACH The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant must submit and have approved a traffic control plan prior to commencing any construction. 7. No open cut of the public roadway shall be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division. Department of Public Works, forjlnalapproval. 8. The applicant must obtain a permit from the Planning Department prior to commencing any construction. January 9, 2007 - 34 - Item V,K 3.b. ORDINANCES/RESOLUTION ITEM #55973 (Continued) 9. Prior to the issuance of a right-ofway/utility easement permit, the applicant must post a bond or other security in the amount of two (2) times their engineer's cost estimate to the Planning Department to guard against damage to City property or facilities during construction. 10. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. 11. The temporary encroachment must conform to the minimum setback requirements, as established by the City. 12. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 13. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes; may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant,' and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 Requested by Department of Public Works 1 2 3 4 5 6 7 8 9 10 11 12 AN ORDINANCE TO AUTHORIZE A TEMPORARY ENCROACHMENT INTO PORTIONS OF THE RIGHTS OF WAY KNOWN AS INTERNATIONAL PARKWAY, HAWKEYE COURT AND LONDON BRIDGE ROAD BY STIHL INCORPORATED, A DELAWARE CORPORATION. WHEREAS, Stihl Incorporated, a Delaware corporation, 13 desires to construct and maintain a 2" buried high density 14 polyethylene ("HDPE") conduit for computer cables to house fiber 15 optic and twisted-pair copper cable within the City's rights of 16 way known as International Parkway, Hawkeye Court and London 17 Bridge Road, from its existing building located at 2525 18 International Parkway to its expansion site located at 825 19 London Bridge Road in the City of Virginia Beach, Virginia. 20 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 21 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 22 authorize temporary encroachments upon the City's rights of way 23 subject to such terms and conditions as Council may prescribe. 24 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 25 VIRGINIA BEACH, VIRGINIA: 26 That pursuant to the authority and to the extent thereof 27 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 28 as amended, Stihl Incorporated, a Delaware corporation, its 29 assigns and successors in title are authorized to construct and 30 maintain a temporary encroachment for a 2" buried high density 31 polyethylene ("HDPE") conduit for computer cables to house fiber 32 optic and twisted-pair copper cable in the City's rights of way 33 as shown on those seven (7) maps marked Exhibit "A" and entitled: "Sketch No.: EXH A-1 Project Name: FIBER-OPTIC CABLE 34 35 LAYOUT STIHL, INC.," coples of which are on file in the 36 Department of Public Works and to which references are made for 37 a more particular description; and 38 39 BE IT FURTHER ORDAINED, that the temporary encroachment is expressly subject to those terms, conditions and criteria 40 contained in the Agreement between the City of Virginia Beach 41 and Stihl Incorporated, a Delaware corporation (the 42 "Agreement"), which lS attached hereto and incorporated by 43 reference; and 44 45 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee lS hereby authorized to execute the 46 Agreement; and 47 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 48 effect until such time as Stihl Incorporated, a Delaware 49 corporation, and the City Manager or his authorized designee 50 execute the Agreement. 51 Adopted by the Council of the City of Virginia Beach, 52 Virginia, on the gt-l1 day of JaI1llrlry 2007. X:10IDJREAL ESTAITEIEncroac~entslPwlordinanlcesl9Al0196 Stihl Incorporated Ordinance.doc ~A 1~t~%ations citylawprodlcycorn32 Wpdoc~ DO03\POOII00025872.DOC R-l PREPARED: 12/26/06 APPROVED AS TO CONTENTS PREPARED BY VIRGINIA BEACH CITY A DORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this 3rd day of January, 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and STIHL INCORPORATED, a Delaware corporation, authorized to transact business in Virginia, ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, the Grantee is the owner of those certain lots, tracts, or parcels of land designated and described as "PARCEL 1 03" as shown on that certain plat entitled: "PARCEL 103 AND PARCEL CN-2 BEING A RESUBDIVISION OF PARCEL CN (MAP BOOK 285 AT PAGES 61-62) AND PARCEL 102-A (MAP BOOK 285 AT PAGES 61-62) FOR THE CITY OF VIRGINIA BEACH DEVELOPMENT AUTHORITY OCEANA WEST CORPORATE PARK" and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia (the "Clerk's Office") as Instrument Number 200307170110540 and being further designated, known and described as 2525 International Parkway, Virginia Beach, Virginia 23452, and as "PARCEL 93C" as shown on that certain plat entitled: "SUBDIVISIOIN OF PARCELS 93A, 93B AND 93C BEING A RESUBDIVISION OF AMENDED PLAT OF PARCEL 93 (M.B. 199, P. 48) BEING A RESUBDIVISION OF PROPERTY STANDING IN THE NAME OF THE VIRGINNIA BEACH DEVELOPMENT AUTHORITY OCEANA WEST INDUSTRIAL PARK (M.B. 103, P. 31)" and said plat is GPINS: (City Right Of Way - No GPIN required or assigned to International Parkway, London Bridge Road or Hawkeye Court) 1496-93-0966 and 1496-73-5380 recorded in the aforesaid Clerk's Office in Map Book 281, at pages 51 and 52, and being further designated, known, and described as 825 London Bridge Road, Virginia Beach, Virginia 23452; WHEREAS, it is proposed by the Grantee to construct and maintain a 2" buried high density polyethylene ("HDPE") conduit for computer cables to house fiber optic and twisted-pair copper cable to provide a computer network connection between 2525 International Parkway (existing Stihl site) and 825 London Bridge Road (Stihl's Expansion site), "Temporary Encroachment," in the City of Virginia Beach, Virginia;. WHEREAS, in constructing and maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into portions of existing City rights of way known as International Parkway, Hawkeye Court and London Bridge Road, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of constructing and maintaining the Temporary Encroachment. It is expressly understood and agreed that the Temporary Encroachment will be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into The Encroachment Area as shown on those certain plats entitled: "Sketch No.: EXH A-I 2 Project Name: FIBER-OPTIC CABLE LAYOUT STIHL, INC." Said plats are dated 10-13-06, and consist of a total of seven (7) sheets, copies of which are attached hereto collectively as Exhibit "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out ofthe construction, location or existence ofthe Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. 3 It is further expressly understood and agreed that the Grantee must submit and have approved a traffic control plan before commencing work in the Encroachment Area. It is further expressly understood and agreed that the Grantee agrees that no open cut of the public roadway will be allowed except under extreme circumstances. Requests for exceptions must be submitted to the Highway Operations Division, Department of Public Works, for final approval. It is further expressly understood and agreed that the Grantee must obtain a permit from the Office of Planning Department prior to commencing any construction within the Encroachment Area. It is further expressly understood and agreed that prior to issuance of a right of way/utility easement permit, the Grantee must post a bond or other security, in the amount of two times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. 4 It is further expressly understood and agreed that the Temporary Encroachment must conform to the minimum setbacks requirements, as established by the City. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division ofthe Public Utilities Department. It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, the said Stihl Incorporated, a Delaware corporation, has caused this Agreement to be executed in its corporate name and on its behalfby its President, pursuant to due authority. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk (THE REMAINDER OF THIS PAGE WAS LEFT INTENTIONALLY BLANK) 6 STlliL INCORPORATED, ~aware corporation ~. Fred J. Whyte, President STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200-, by DESIGNEE OF THE CITY MANAGER. CITY MANAGER/AUTHORIZED Notary Public My Commission Expires: STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 200-, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: 7 STATE OF ru ~~7 -f~U~ . . .J ~ CITY/C,9YNTY OF 0/l Q,(,1V a /3e~fo-wit: d The foregoing instrument was acknowledged before me this .3 ~d day of kl/YlMOUO.-; , 200 '1 , by Fred 1. Whyte, President, on behalf of Stihl Incorporated, a O-J Delaware corporation. ,'!)o/u/) C. ~oe.6AA Notary Public My Commission Expires: //31 /,zoo 9 APPROVED AS TO CONTENTS APPROVED AS TO LEGAL S~FFICIEN . ~~... ..' ND. 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In ..... ^I .... .c =II: Q W W Z Z o 0 N N t::iI w ~ !!l u 0 oct z c W(O Q.~~ <(0:::90 :EO~2 z Q. ~ :" 00:::(0:: -OCD~ I-u-.:toct <tz~~ u-z 0-1- -IJ:Q. -C> l- f/) .'........ / .0' ./. / ._~, / "( I I Cl X ~ () z -' I F en 1ii 0. co ::it CO 'E Q) C'I ~ .!!! Li: () a:: ~ lil "e- o.. ~ ~ ~ ::it U) ~ N l'<I ::J ! ::J III (I) Q) <.> .~ Q) /"" en (. / ~ ,/ 8- 0. ::J en 01 c: W ~ c: ~ ~ a.. ~ .0 ijl (ij ~ ~ ___~ a.. - 35 - Item V.K 3.c. ORDINANCES/RESOLUTION ITEM #55974 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to AUTHORIZE a temporary encroachment into portions of the City's rights-of way: KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC., at Kempsville Road and Kempsville Crossing Lane re the maintenance of two (2) existing neighborhood subdivision signs, landscaping, electric meters, pedestals and flood lights DISTRICT 1 - CENTERVILLE The following conditions shall be required: 1. The temporary encroachment shall be constructed and maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach and in accordance with the City's specifications and approval. 2. The temporary encroachment shall terminate upon notice by the City to the applicant and, within thirty (30) days after such notice is given, the temporary encroachment must be removed from the encroachment area by the applicant and the applicant will bear all costs and expenses of such removal. 3. The applicant shall indemnify and hold harmless the City, its agents and employees from and against all claims, damages, losses and expenses, including reasonable attorney's fees in case it shall be necessary to file or defend an action arising out of the location or existence of the temporary encroachment. 4. Nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor to permit the maintenance and construction of any encroachment by anyone other than the applicant. 5. The applicant agrees to maintain the temporary encroachment so as not to become unsightly or a hazard. 6. The applicant shall obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The applicant must also carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant must provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. January 9, 2007 - 36 - Item V.K 3.c. ORDINANCES/RESOLUTION ITEM #55974 (Continued) 7. The temporary encroachment may not exceed: thirty-two (32) square feet per face; two (2) faces,' six (6) feet above the natural grade at the curb. Landscaping materials must be approved by the Landscape services Division of the Department of Parks and Recreation. 8. The applicant shall submit for review and approval a survey of the area being encroached upon, certified by a registered professional engineer or a licensed land surveyor and/or "as built" plans of the temporary encroachment, sealed by a registered professional engineer, if required by the City Engineer's Office or the Engineering Division of the Public Utilities Department. 9. The City, upon revocation of such authority and permission so granted, may remove the temporary encroachment and charge the cost thereof to the applicant and collect the cost in any manner provided by law for the collection of local or state taxes,' may require the applicant to remove such temporary encroachment; and, pending such removal, the City may charge the applicant for the use of such portion of the City's right-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were owned by the applicant; and if such removal shall not be made within the time specified by the City, the City shall impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter,' and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORI ZE 4 TEMPORARY ENCROACHMENTS INTO 5 PORTIONS OF THE CITY RIGHTS 6 OF WAY LOCATED AT THE 7 INTERSECTION OF KEMPSVILLE 8 ROAD AND KEMPSVILLE CROSSING 9 LANE BY KEMPSVILLE CROSSING 10 COMMUNITY ASSOCIATION, INC., 11 A VIRGINIA NON-STOCK 12 CORPORATION 13 14 WHEREAS, Kempsville Crossing Community Association, Inc., a 15 Virginia non-stock corporation desires to maintain two (2) 16 existing neighborhood subdivision signs, landscaping, electric 17 meters, pedestals, and flood lights upon portions of the City's 18 rights of way at the intersection of Kempsville Road and 19 Kempsville Crossing Lane, in the City of Virginia Beach, 20 Virginia. 21 WHEREAS, City Council is authorized pursuant to ~~ 15.2- 22 2009 and 15.2-2107, Code of Virginia, 1950, as amended, to 23 authorize temporary encroachments upon the City's rights of way 24 subject to such terms and conditions as Council may prescribe. 25 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 26 VIRGINIA BEACH, VIRGINIA: 27 That pursuant to the authority and to the extent thereof 28 contained in ~~ 15.2-2009 and 15.2-2107, Code of Virginia, 1950, 29 as amended, Kempsville Crossing Community Association, Inc., a 30 Virginia non-stock corporation, its assigns and successors ln 31 title are authorized to maintain temporary encroachments for two 32 (2) existing neighborhood identification signs, landscaping, 33 electric meters, pedestals, and flood lights in the City's 34 rights of way at the intersection of Kempsville Road and 35 Kempsville Crossing Lane as shown on the map marked Exhibit UA" 36 and entitled: UENCROACHMENT FOR KEMPSVILLE CROSSING COMMUNITY 37 ASSOCIATION, INC.," a copy of which is on file in the Department 38 of Public Works and to which reference 1S made for a more 39 particular description; and 40 BE IT FURTHER ORDAINED, that the temporary encroachments 41 are expressly subj ect to those terms, conditions and cri teria 42 contained in the Agreement between the City of Virginia Beach 43 and Kempsville Crossing Community Association, Inc., a Virginia 44 non-stock corporation (the uAgreement"), which is attached 45 hereto and incorporated by reference; and 46 47 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee 1S hereby authorized to execute the 48 Agreemen t; and 49 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 50 effect until such time as Kempsville Crossing Community 51 Association, Inc., a Virginia non-stock corporation and the City 52 Manager or his authorized designee execute the Agreement. 53 Adopted by the Council of the City of Virginia Beach, 54 Virginia, on the 9t-h day of Jan11ary 2007. 2 CA-10154 V:\vbgov.com\dfs1\applications\citylawprod\cycom32\Wpdocs\D002\P 001\00022982.DOC X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CA10154 Kempsville Crossing Community Association, Inc. Ordinance.doc R-1 PREPARED: 12/13/06 ~~ WORKS, REAL ESTATE GAL O~ APPROVED AS TO CONTENTS 3 PREPARED BY VIRGINIA BEACH CITY A TIORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.I-81I(e) (4) THIS AGREEMENT, made this dl~t- day of fl)ove-m8E"t(. , 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC., a Virginia non-stock corporation, and ITS ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: That, WHEREAS, it is proposed by the Grantee to maintain two (2) existing neighborhood identification signs, landscaping, electric meters, pedestals, and flood lights, the "Temporary Encroachment", in the City of Virginia Beach; and WHEREAS, in maintaining the existing Temporary Encroachment, it is necessary that the Grantee encroach into portions of City rights of way at the intersection of Kempsville Road and Kempsville Crossing Lane, the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. NOW, THEREFORE, for and in consideration of the premises and of the benefits accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand paid to the City, receipt of which is hereby acknowledged, the City hereby grants to the Grantee permission to use the Encroachment Area for the purpose of maintaining the Temporary Encroachment. GPIN (CITY RIGHTS OF WAY - NO GPIN REQUIRED OR ASSIGNED) It is expressly understood and agreed that the Temporary Encroachment will be maintained in accordance with the laws of the Commonwealth of Virginia and the City of Virginia Beach, and in accordance with the City's specifications and approval and is more particularly described as follows, to wit: A Temporary Encroachment into the Encroachment Area as shown on that certain plat entitled: "ENCROACHMENT FOR KEMPSVILLE CROSSING COMMUNITY ASSOCIATION, INC.," a copy of which is attached hereto as EXHIBIT "A" and to which reference is made for a more particular description. Providing however, nothing herein shall prohibit the City from immediately removing, or ordering the Grantee to remove, all or any part of the Temporary Encroachment from the Encroachment Area in the event of an emergency or public necessity, and Grantee shall bear all costs and expenses of such removal. It is further expressly understood and agreed that the Temporary Encroachment herein authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days after the notice is given, the Temporary Encroachment must be removed from the Encroachment Area by the Grantee; and that the Grantee will bear all costs and expenses of such removal. It is further expressly understood and agreed that the Grantee shall indemnify and hold harmless the City, its agents and employees, from and against all claims, damages, losses and expenses, including reasonable attorney's fees, in case it shall be necessary to file or defend an action arising out of the construction, location or existence of the Temporary Encroachment. It is further expressly understood and agreed that nothing herein contained shall be construed to enlarge the permission and authority to permit the maintenance or construction of any encroachment other than that specified herein and to the limited extent specified herein, nor 2 to permit the maintenance and construction of any encroachment by anyone other than the Grantee. It is further expressly understood and agreed that the Grantee agrees to maintain the Temporary Encroachment so as not to become unsightly or a hazard. It is further expressly understood and agreed that the Grantee must obtain and keep in force all-risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional named insured or loss payee, as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an amount not less than $500,000.00, combined single limits of such insurance policy or policies. The Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the construction, location, and/or existence of the Temporary Encroachment. It is further expressly understood and agreed that the Temporary Encroachment may not exceed: 32 square feet per face; 2 faces; 6 feet above the natural grade at the curb. Landscaping materials must be approved by the Landscape Services Division of the Department of Parks and Recreation. It is further expressly understood and agreed that the Grantee must submit for review and approval, a survey of the Encroachment Area, certified by a registered professional engineer or a licensed land surveyor, and/or "as built" plans of the Temporary Encroachment sealed by a registered professional engineer, if required by either the City Engineer's Office or the Engineering Division of the Public Utilities Department. 3 It is further expressly understood and agreed that the City, upon revocation of such authority and permission so granted, may remove the Temporary Encroachment and charge the cost thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such removal, the City may charge the Grantee for the use of the Encroachment Area, the equivalent of what would be the real property tax upon the land so occupied if it were owned by the Grantee; and if such removal shall not be made within the time ordered hereinabove by this Agreement, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that the Temporary Encroachment is allowed to continue thereafter, and may collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. IN WITNESS WHEREOF, Randall Pannell, President of Kempsville Crossing Community Association, Inc., a Virginia non-stock corporation has caused this Agreement to be executed in its corporate name and on its behalf pursuant to due authority. Further, that the City of Virginia Beach has caused this Agreement to be executed in its name and on its behalf by its City Manager and its seal be hereunto affixed and attested by its City Clerk. (THE REMAINDER OF THIS PAGE HAS BEEN LEFT INTENTIONALLY BLANK) 4 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee of the City Manager (SEAL) ATTEST: City Clerk Kempsville Crossing Community Association, Inc., a Virginia non-stock corporation STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2006, by , CITY MANAGER! AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 5 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2006, by RUTH HODGES SMITH, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATE OF Wr}\\\l;~ 'B ~ CITY/COUNTY'6F VI:C-:s~a eot, , to-wit: The foregoing instrument was acknowledged before me this 2./ s t' day of Y\()\/~Ar\~b-eK", 2006, by Randall Pannell, President on behalf of Kempsville . Crossing Community Association, Inc., a Virginia non-stock corporation ~'1\v~ Notary lic My Commission Expires: ()c:T 51) ')_0 0 g APPROVED AS TO CONTENTS APPROVED AS TO LEGAL ~!5~RM ~Ql'IJW; C. d(M,~", S GNATURE Pt0KuL) E~' DEPARTMENT X:\Projects\Encroachments\Applicants\Ocean Bay Homes LLC - Force Main KMJ\Agreement.doc 6 EXHIBIT "A" 40 c,b. riM f7 LOT 59 / 1455-71-7175 di c sca rim 18.83 inv 16.83 LOT 58 11455-71-8112 I \ \ \ LANDSCAPING s,M,h, riM 21.68 inv 1.59 SIGN ELECTRIC METER ION WALL ELECT. METER & I PEDESTAL FLOOD LIGHT "" 0:: q: )- v ~ ~ ~ 4.J -......J ~ ~ r G ~ LIGHT LANDSCAPING 1m 20.38 mv 16.33 ~ I J i; '" - ~J ... LOT 1 1455-71-6031 GRAPHIC SCALE: SIGN ENCROACHMENT EXHIBIT E:NCROACHME:NT rOR KEMPSVILLE CROSSING COMMUNITY ASSOCIA TION, INC. NDI, L. L. C. BASGIER AND ASSOCIATES DIVISION ENGINEERS - SURVEYORS -PLANNERS 572 CCNTRAL DRIVe. SUITC 103, VIRGINIA BCACH, VIRGINIA 23454 PHONC' (757) 431-2177 FAX, (757) 431-2175 LOT 2 1455-70-6988 145~ YD (A-1) RIM 19.05 INV 17.1 AT: KEMPSVILLE CROSSING COUNTY OF: V.B. STATE: VA APPLICATION BY: ASSOCIATED DEVELOPMENT SCALE 1" =40' JUNE 29. 2006 SHEET 1 OF 1 JO. 2205 ~ o al o ~ ..,. :J []) 8 .(: 4l en t: o a. a. :J o en o ,;, N <:: !!:! ,;, c W g ~ T"" 0.: ~ "0 ~ l1J o g- o: - 37 - Item V.K 4. ORDINANCES/RESOLUTION ITEM #55975 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution to ENDORSE and PROMOTE the brand name "Hampton Roads, America's First Region" (HR-AFR) Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 REQUESTED BY MAYOR OBERNDORF 1 A RESOLUTION SUPPORTING THE BRAND 2 "HAMPTON ROADS, AMERICA'S FIRST 3 REGION" 4 5 WHEREAS, the Hampton Roads Partnership has adopted "Hampton 6 Roads, America's First Region" as the brand for southeast Virginia; 7 and 8 WHEREAS, the name honors the rich history of the region and 9 encourages regional identity and citizenship among 1.6 million 10 residents; and 11 WHEREAS, the City of Virginia Beach is proud to be part of 12 Hampton Roads and continues to be a leader in promoting regional 13 cooperation and regional competitiveness. 14 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 15 VIRGINIA BEACH: 16 That the City Council does hereby endorse the brand "Hampton 17 Roads, America's First Region" and shall promote it in the future 18 as City Council may find appropriate and useful. 19 20 Adopted by the Council of the City of Virginia Beach, 21 Virginia, on the 9th day of January , 2007. APPROVED AS TO LEGAL SUFFICIENCY K~ City Attorney'~ce - 38 - Item V.K 5. a. 1.2.3 a/b. ORDINANCES/RESOLUTION ITEM #55976 A MOTION was made by Councilman Dyer, seconded by Council Lady McClanan to remove the following items from the current Fund Balance recommendations totaling $10,268,000 and place these funds in the General Fund as new income for FY 2007 to assist with residential property tax relief (f) $320,000 to the Constitution Drive Extended Project (i) $2,100,000 to the Congestion Relief/Safety Improvement Program "Remove $1,000,000 for Congestion Relief Improvement Program and defer as priority for upcoming budget cycle" (Ie) $1,000,000 to the Pavement Maintenance Program (I) $500,000 to Pedestrian System Improvements, Phase I (n) $6,550,000 to replenish the Various Site Acquisitions Project (0) $108,000for the 31st Street Parking Garage settlement (P) $90,000 to the 31st Street Stage and Restrooms Project (s) $600,000 for the design of a new Fire and Rescue Station - Blackwater 3. $100,000 of Fund Balance from the General Fund to the FY2006-07 Operating Budget of the Arts and Humanities Commission: (a) $10,000 to acquire a thirdpiecefor the Convention Center video wall (b) $90,000 to acquire public artwork for the Sandler Center for the Performing Arts at Virginia Beach Upon SUBSTITUTE MOTION by Councilman Wood, seconded by Vice Mayor Jones, City Council ADOPTED: K. 5. Ordinances to ACCEPT and APPROPRIATE: a. $23,828,000 of Fund Balance from the General Fund; $3,260,000 within the Fund Balance from the General Fund; $210,000from the Water and Sewer Utility Fund Balance and $35,000 from the Storm Water Utility Fund to the General Fund re various Capital Projects and Operating Budget needs: 1. 3,260,000 of Fund Balance from the General Fund, $210,000 Water and Sewer Utility Fund Balance and $35,000from the Storm Water Utility Fund to the General Fund designatedfor GASB 45 re unfunded Retiree health care liabilities \ January 9, 2007 - 39 - Item V.K 5. a. 1.2.3 a/b ORDINANCES/RESOLUTION ITEM #55976 (Continued) 2. $23,728,000 of Fund Balance from the General Fund: (a) $500,000 to Shore Drive Corridor Improvements, Phase II (b) $500,000 to Shore Drive Corridor Improvements, Phase III (c) $1,500,000 to Shore Drive Corridor Improvements, Phase IV (d) $1,000,000 to Shore Drive Interim Safety Improvements (e) $800,000 for the preliminary design of a new Bayside Community Center (f) $320,000 to the Constitution Drive Extended Project *Councilman Dver obiection: "Remove $320.000 for Constitution Drive Extended Proiect " (g) $2,300,000 for a new Fire and Rescue Station - Chesapeake Beach (h) $200,000 to the Town Center Pedestrian Bridge project (i) $2,100,000 to the Congestion Relief/Safety Improvement Program * Councilman Dver obiection: "Remove $1.000.000 for \ Congestion Relief Improvement Program and defer as priority for upcominJ: budget cvcle " (j) $800.000 for the Storm Water Maintenance Backlog (Ie) $1,000,000 to the Pavement Maintenance Program *Councilman Dyer obiection: "Remove $1.000.000 for Pavement Maintenance Prof!ram and defer as prioritv for upcoming budzet cvcle" (I) $500,000 to Pedestrian System Improvements, Phase I * Councilman Dver obiection: "Remove $500.000 for Pedestrian System Improvements. Phase I and defer as priority for upcoming budget cycle " (m) $1,260,000 to Park Playground Renovations, Phase II (n) $6,550,000 to replenish the Various Site Acquisitions Project * Councilman Dver obiection: "Remove $6.550.000 to revlenish the Various Site ACQuisitions Proiect" (0) $J08,000for the 3rt Street Parking Garage settlement * Council Members Dver and Villanueva obiection: "Remove $108.000 for 3rt Street Parking Garage settlement" (P) $90,000 to the 3rt Street Stage and Restrooms Project *Councilman Dver obiection: "Remove $90.000 for 3rt Street Staze and Restrooms Proiect (q) $1,500,000 for roadway and safety improvements on Avalon Avenue-Avalon Woods (r) $300,000 to the Rural Roads Project for intersection improvements at Princess Anne and Pleasant Ridge Roads (s) $600,000 for the design of a new Fire and Rescue Station - Blackwater * Councilman Dver obiection: "Remove $600.000 for desizn of Blackwater Fire and Rescue Station and defer as priority for upcominz budget cycle (t) $1,300,000 to the Regional Homeless Housing Project - Site Acquisition (u) $500,000 to the Kempsville Greens Golf Course Community Stormwater Bank Stabilization Project January 9, 2007 - 40- Item V.K 5.a.1.2.3 a/b. ORDINANCES/RESOLUTION ITEM #55976 (Continued) 3. $100,000 of Fund Balance from the General Fund to the FY2006- 07 Operating Budget of the Arts and Humanities Commission: (a) $10,000 to acquire a third piece for the Convention Center video wall Council Members Dver and Villanueva obiection: "Remove $10.000 for the Convention Center video wall" (b) $90,000 to acquire public artwork for the Sandler Center for the Performing Arts at Virginia Beach Council Members Dver and Villanueva obiection: "Remove $90.000 for the Sandler Center artwor~' b. $11,811,607 in FY 2005-06 School Reversion Funds to FY 2006-07 School Operating Budget and School Capital Budget: 1. $2,144,000 to "Instructional Technology" for various technology projects 2. $1,000,000 to establish the School Equipment Replacement Special Revenue Fund 3. $2,674,607 to the Instructional Category re various instructional materials and equipment 4. $1,072,000 to "School Operating Budget Support" re school plant projects 5. $321,000 to "School Human Resources/Payroll System" re system upgrade 6. $100,000 to Operations and Maintenance re school landscape services 7. $4,500,000 to the Instructional Category for pre-funding a portion of the FY 2007-08 annual retirement contribution January 9, 2007 - 41 - Item V.K 5. a. 1.2.3 a/b. ORDINANCES/RESOLUTION ITEM #55976 (Continued) Voting: 9-2 Council Members Voting Aye: Harry E. Diezel, Robert M Dyer, * Barbara M Henley**, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva*, Rosemary Wilson and James L. Wood Council Members Voting Nay: William R. "Bill" DeSteph and Reba S. McClanan Council Members Absent: None * Council Members Dyer and Villanueva OBJECTED to certain items as delineated ** Council Lady Henley DISCLOSED and ABSTAINED on 5a.2(r) re $300,000 to the Rural Roads Project for intersection improvements at Princess Anne and Pleasant Ridge Road as some of the property in which her family has an interest may be affected by this specific project. January 9, 2007 City c>f Virgi:r1ia Beach ROSEMARY WILSON COUNCIL LADY - AT-LARGE PHONE: (757) 422-0733 FAX: (757) 426-5669 January 26, 2007 Mrs. Ruth Hodges Fraser, MMC City Clerk Municipal Center Virginia Beach, Virginia 23456 Dear Mrs. Fraser: I have learned that a question has been raised about my vote on January 9, 2007 on an ordinance to appropriate $27,088,000 of the Fund Balance from the General Fund. That ordinance contained twenty-four subparts/projects that were voted on in one motion. One of those subparts/projects was the 31 sl Street Parking Garage settlement, in the amount of $108,000. In the past, I have abstained from City Council votes on the 31 sl Street Project. I did so because, at the time of those votes, my husband, who is a principal in the accounting firm of Goodman and Company, personally provided accounting services related to the project and/or to Thirty First Street, L.C. In each instance, I publicly abstained from voting during an open meeting, and I filed a disclosure letter with the City Clerk, who made my letter part of the public record. When City Council voted on April 24, 2001 to authorize modifications to the project, I abstained and filed a disclosure letter with the City Clerk. On April 9, 2002, I abstained and filed a disclosure letter regarding changes to the RT-1 height and density requirements. On July 8, 2003, when Council voted on Thirty First Street, LC's application for a temporary encroachment, I again abstained and filed a disclosure letter. Shortly after my abstention on July 8, 2003, my husband stopped personally providing accounting services to Thirty First Street, LC and affiliated entities. Accordingly, on August 23, 2003, I filed a letter with the City Clerk in which I disclosed that although Ocean Beach Club LLC (an entity affiliated with Thirty First Street, LC) is a client of Goodman and Company, my husband 1304 WREN PLACE, VIRGINIA BEACH, VA 23451 Mrs. Ruth Hodges Fraser -2- January 26, 2007 does not personally provide services to the corporation. Given those circumstances, the State and Local Government Conflict of Interests Act authorized me to vote on the transaction, and I did so. Several months later, on January 7, 2004, I filed a blanket disclosure letter with the City Clerk in which I again disclosed that my husband is a principal in Goodman and Company. In order to avoid any misperceptions, I am sending you this letter to once again disclose that my husband is a principal in Goodman and Company and to note that he does not personally provide accounting services to Thirty First Street, LC or its affiliated entities, and he has not done so for more than three and a half years. Accordingly, I respectfully request that you record this declaration in the official records of City Council. Thank you for your assistance in this matter. Sincerely, ()~ Rosemary A. Wilson Councilmember 1 AN ORDINANCE TO APPROPRIATE $23,828,000 OF 2 FUND BALANCE FROM THE GENERAL FUND TO VARIOUS 3 CAPITAL PROJECTS AND OPERATING BUDGET NEEDS, 4 TO DESIGNATE $3,260,000 WITHIN THE FUND 5 BALANCE OF THE GENERAL FUND FOR GASB 45, AND 6 TO APPROPRIATE AND TRANSFER TO THE GENERAL 7 FUND RESERVE FOR GASB 45 $210,000 FROM THE 8 FUND BALANCE OF THE WATER AND SEWER UTILITY 9 FUND AND $35,000 FROM THE FUND BALANCE OF THE 10 STORM WATER UTILITY FUND 11 12 WHEREAS, funding of $27,088,000 is available in Fund Balance 13 from the General Fund, $210,000 is available in Fund Balance from 14 the Water and Sewer Utility Fund, and $35,000 1S available in Fund 15 Balance from the Storm Water Utility Fund. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 17 VIRGINIA BEACH, VIRGINIA: 18 (1) That the following Capital Projects are re-established in 19 the FY 2006-07 Capital Budget: #2-208, Constitution Drive Extended, 20 #3-244, Fire and Rescue Station - Chesapeake Beach, #3-248, Fire 21 and Rescue Station - Blackwater, #9-035, Town Center Pedestrian 22 Bridge, and #9-027, 31st Street Parking Garage; and that the 23 following Capital proj ects are established 1n the FY 2006-07 24 Capital Budget: #2-116, Shore Drive Corridor Improvements - Phase 25 II, #2-117, Shore Drive Corridor Improvements - Phase III, #2-118, 26 Shore Drive Corridor Improvements - Phase IV, #2-731, Shore Drive 27 Interim Safety Improvements, #4-072, Preliminary Design for New 28 Bayside Community Center, #2-190, Congestion Relief/Safety 29 Improvement Program, #7-033, Storm Water Maintenance Backlog, #4- 30 075, Pedestrian System Improvements - Phase I, #9-051, 31st Street 31 Stage & Restrooms, and #9-077, Regional Homeless Housing - Site 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 Acquisition. (2) That $3,260,000 is hereby designated for GASB 45 within the fund balance of the General Fund pending City Council and School Board decisions related to addressing unfunded retiree health care liabilities, and $210,000 of fund balance from the Water and Sewer Utility Fund and $35,000 of fund balance from the Storm Water Utility Fund are hereby appropriated and transferred to the General Fund reserve for GASB 45. (3) That $23,728,000 of Fund Balance from the General Fund is hereby appropriated to the FY 2006-07 Capital Budget in the amounts and for the purposes set forth below, with local revenue increased accordingly. (a) $500,000 to Capital Project #2-116, Shore Drive Corridor Improvements, Phases II, for design, site acquisition, and private utility adjustments; (b) $500,000 to Capital Project #2-117, Shore Drive Corridor Improvements, Phases III, for design, site acquisition, and private utility adjustments; (c) $1,500,000 to Capital Project #2-118, Shore Drive Corridor Improvements, Phases IV, for design, site acquisition, and private utility adjustments; (d) $1,000,000 for Capital Project #2-731, Shore Drive Interim Safety Improvements, for design and construction of various pedestrian safety improvements; (e) $800,000 for Capital Project #4-072, Preliminary Design for New Bayside Community Center, for preliminary 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 design of a 60,000 square foot community recreation center; (f) $320,000 for Capital Project #2-208, Constitution Drive Extended, for the City's share of 35% design to widen the existing roadway and provide new construction of a four-lane highway; (g) $2,300,000 for Capital Project #3-244, Fire and Rescue Station - Chesapeake Beach, for site acquisition and design of a replacement facility; (h) $200,000 for Capital Project #9-035, Town Center Pedestrian Bridge for the remaining cost of design; (i) $2,100,000 for Capital Project #2-190, Congestion Relief /Safety Improvement Program, for additional turn lanes to improve traffic flow; ( j ) $ 8 0 0 , 0 0 0 for Cap ita 1 Pro j e c t # 7 - 0 3 3 , S t 0 rm Wa t e r Maintenance Backlog, for engineering/drainage studies on neighborhood flooding and to lengthen/improve the outfall structure for Stumpy Lake and related improvements; (k) $1,000,000 for Capital Project #2-284, Pavement Maintenance Program, to provide additional lane miles of repaving; (1) $500,000 for Capital Project #4-075, Pedestrian System Improvements - Phase I, for improvements to the City's sidewalk system to improve pedestrian safety; (m) $1,260,000 for Capital Project #4-024, Park Playground Renovations - Phase II, to replace playground 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 equipment removed last year due to federal regulations; (n) $6,550,000 for Capital Project #3-368, Various Site Acquisitions, to replenish the project for recent property purchases; (0) $108,000 for Capital Project #9-027, 31st Street Parking Garage for a settlement with Professional Hospitality Resources/Gold Key Resorts regarding construction of the parking garage; (p) $90,000 for Capital Project #9-051, 31st Street Stage & Restrooms, to construct, in partnership with Professional Hospitality Resources/Gold Key Resorts, a new permanent stage and restroom facilities; (q) $1,500,000 for Capital Project #2-035, Avalon Avenue - Avalon Woods, to construct 3,600 feet of roadway and related safety improvements in Avalon Woods; (r) $300,000 for Capital Project #2-021, Rural Roads, for a turn lane on Princess Anne Road at the intersection of Princess Anne Road and Pleasant Ridge Road; (s) $600,000 for Capital Project #3-248, Fire and Rescue Station Blackwater, for design of a replacement facility; (t) $1,300,000 for Capital Project Site Acquisition, #9-077, Regional to provide the Homeless Housing City's share of cost for site acquisition to develop a 60-unit regional apartment complex that will create additional permanent rental housing for single people in 110 111 112 113 114 115 the region who are homeless; and (u) $500,000 for Capital Project #7-031, Kempsville Greens Golf Community Bank Course Stormwater Stabilization, to provide funding to stabilize ponds #1 and #11 to protect nearby residences. (4) That $100,000 of Fund Balance from the General Fund is 116 hereby appropriated to the FY 2006-07 Operating Budget of the Arts 117 and Humanities Commission in the amounts and for the purposes set 118 forth below, with local revenue increased accordingly. 119 120 121 122 123 124 125 (a) $10,000 to acquire a third piece of video art for the video wall in the Convention Center; and (b) $90,000 for acquisition of one or more pieces of public artwork for the Sandler Center for the Performing Arts at Virginia Beach. Adopted by the Council of the City of Virginia Beach, Virginia, on the 9th day of January , 2007. Approved as to Content: Approved As To Legal Sufficiency: 4 (Mana ~ ~" WI M ,--) L~L,-- City AttorneyOs Office CA10238 V:\applications\citylawprod\cycom32\Wpdocs\D021\P002\O0025351.DOC R-4 January 3, 2007 1 2 3 4 5 6 AN ORDINANCE TO APPROPRIATE $11,811,607 IN FY 2005-06 VIRGINIA BEACH SCHOOL REVERSION FUNDS TO THE FY 2006-07 SCHOOL OPERATING BUDGET AND FY 2006-07 CAPITAL IMPROVEMENT PROGRAM 7 WHEREAS, a total amount of $11,811,607 in FY 2005-06 8 Virginia Beach Public School reversion funds are available for 9 appropriation; and 10 WHEREAS, by resolution on November 21, 2006, the School 11 Board formally requested the City Council to approve the 12 appropriation of school reversion funds to the FY 2006-07 School 13 Operating Budget and Capital Budget. 14 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 15 OF VIRGINIA BEACH, VIRGINIA: 16 That $11,811,607 in school reversion funds are hereby 17 appropriated from the fund balance of the General Fund to the FY 18 2006-07 School Operating Budget and Capital Budget in the 19 amounts and for the purposes set forth below: 20 (a) $2,144,000 to CIP #1-196, "Instructional 21 Technology" for various technology projects; 22 (b) $1,000,000 to establish the School Equipment 23 Replacement Special Revenue Fund; 24 (c) $2,674,607 to the Instructional Category for 25 various instructional materials and equipment; 26 (d) $1,072,000 to CIP #1-211, "School Operating 27 Budget Support" for various school plant projects; 28 (e) $321,000 to CIP #1-237, "School Human 29 Resources/Payroll System" for the human resource/payroll system 30 upgrade; 31 (g) $100,000 to the Operations and Maintenance 32 Category for ,equipment and vehicles for School Landscape 33 Services; 34 (h) $4,500,000 to the Instructional Category to pre- 35 fund a portion of the FY 2007-08 Annual Retirement Contribution 36 for Other Post Employment (Retiree Healthcare) Benefits; 37 That estimated revenue from use of the Fund Balance of the 38 General Fund is increased by $11,811,607. 39 Adopted by the Council of the City of Virginia Beach, 40 Virginia on the 9th day of January 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Jdmu ~^ City Attorney s Office CA10233 R-1 December 19, 2006 ......I....,.....VJ4-\.J\Jv ,l.U-';' .L"-o..1 J..'.ru'Irr. ,.,J140..)1..llj UU.i..L..(;OO/V SCHOOL BOARD Daniel D. Edwards Chairman Dislrict 1 - Cenlerville 1513 Beachview Drive VA Beach. VA 23464 495-3551 (h). 717-0259 tc) Rita Sweet Bellltlo Vice Chairman AI-Large P.O. Box 6446 VA Beach, VA 23456 416-0960 (c) Todd C. Davidson At.Largo 2424 Savannah Trait VA Beach, VA 23456 427.3330 (wi. 285-9409 (c) Emma L. "Em" Dallis Dislrict 5 - Lynnhaven 1125 MichaelwoOO Drive VA Beach, VA 23452 340-8911 (h) Patricia G. Edmonson Disl/iet 6 . Beach 401-205 Harbour Poinl VA Beach_ VA 23451 428.5240 (hI Edward F. Fissinger, Sr. At-Large 412 Beolon Place VA Beach, VA 23452 466-4567 (hI Dan R. Lowe District 4 - Bayside 4617 Red Coal Road VA Beach. VA 23455 490.3681 (h) Lyndon S. Remias District 7 - Princess Anne 3225 NanselllCnd loop VA BelICh, VA 23456 630.6102 (e) Sandra Smith-Jones DistrICI 2 - Kempsville 705 Rock Cleek Court VA Beach, VA 23462 400-8167 (11) Michael W. Stewart Dislricl3 . Rosp: Hal! 105 Btenlwooll Court VA Beach, VA 23452 498-4303 (h) . 445-4637 (1'1) Carolyn D. Weems AHatge 1420 Oaudia Drive VA Seach, VA 234S5 464.6674 (h) SUPERINTENDENT James G. Mercill, Ed.D. 2512 Geolllll Mason Drive VA Beach. VA 234~6 263.1007 ~UULI UU", +IRGINIA BEACH CITY PUBLIC SCHOOLS AHEAD OF THE CURVE RESOLUTION REGARDING FY 2005.06 REVENUE ACTUAL OVER BUDGET AND DEBT SERVICE BUDGET OVER ACTUAL FUNDS WHEREAS, the Revenue Sharing Policy provides for the application of the formula to any actual revenues in excess of budgeted revenues and any debt seNice budgeted expenditures in excess of actual expenditures, and WHEREAS, the FY 2005-06 Revenue Actual Over Budget provides $10,280,062 and the Debt SeNice Budget Over Actual provides $1,531,545 for allocation by the School Board for non-recurring purposes; and WHEREAS, the Administration recommends the following uses for the $11,811,607 available: . $ 2,144,000 to CIP 1-196 for various technology projects including infrastructure upgrades and wiring . $ 1,000,000 to a School Equipment Replacement Special Revenue Fund . $ 2,674,607 to Fund 115-School Operating Budget. Instructional category, for various instructional materials and equipment . $ 1,072,000 to CIP 1.211 for various School Plant projects . $ 321,000 to CIP 1.237 for the human resource/payroll system upgrade . $100,000 to Fund 115-School Operating Budget, Operations and Maintenance category, for equipment and vehicles for School Landscape SeNices . $ 4,500,000 to Fund 115-School Operating Fund, Instructional category, to establish the appropriate funding vehicle to pre-fund a portion of the FY 2007-08 Annual Required Contribution (ARC) for Other Post Employment (Retiree Healthcare) Benefits Now, therefore, be it RESOL VEO: That the Board approves the recommended uses of the FY 2005-06 Revenue Actual Over Budget and Debt'SeNiee Budget Over Actual funds as presented by the Administration; and be it FURTHER RESOLVED: That the City Council appropriate $11.811,607 as presented by the administration and approved by the Board; and be it FURTHER RESOl VEO: That a copy of this resolution be spread across the official minutes of this Board, and the Clerk of the Board is directed to deliver a copy of this resolution to the Mayor, each member of City Council, the City Manager, and the City Clerk. Adopted by the School Board of the City of Virginia Beach this 21st day of November 2006. ~ . ~t..:..ro.. J.~~ ~~ @~~;.~~ ~~ {:::~!. t}, , SEAL Attest: Daniel 0, Edwards, Chairma;ii}ei:{~" '" ~f.~ Dianne P. Alexander, Clerk of the Board 'I,i..> ...: If., ,": ,;--:":1. <-...,~ School Administration Building . 2S 12 George Mason Drive . P.O. Box 603B · Virginia Beach. VA 23456.0038 - 42- Item V.K 5.c. ORDINANCES/RESOLUTION ITEM #55977 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE: $1,030,247 in State and Federal Revenues and $1,000,000 in Fund Balance to the FY 2006-07 Department of Human Services Operating Budget re adding nine (9) full time positions and providing additional mental heath, mental retardation and social services: 1. $53,606 re increased Medicaid caseload management 2. $ 75,000 re community-based programs to divert individuals with mental illness from jail 3. $901,641 re ongoing psychiatric care, nursing and respite services 4. $1,000,000 re housing services to disabled adults; and AUTHORIZE the City Manager to purchase services from Virginia Beach Community Development Corporation (VBCDC) Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 1 2 3 4 5 6 7 8 AN ORDINANCE TO ACCEPT AND APPROPRIATE $1,030,247 IN STATE AND FEDERAL REVENUES AND $1,000,000 IN FUND BALANCE TO THE FY 2006-07 DEPARTMENT OF HUMAN SERVICES OPERATING BUDGET TO PROVIDE ADDITIONAL MENTAL HEALTH, MENTAL RETARDATION, AND SOCIAL SERVICES WHEREAS, additional funds have been made available to the 9 Department of Human Services to provide mental health, mental 10 retardation, and social services, and these funds must be 11 appropriated. 12 WHEREAS, when the Mental Health Special Revenue Fund was 13 eliminated in FY 2004-05, its remaining fund balance was 14 transferred to the General Fund Fund Balance and for accounting 15 purposes was set aside to support one-time needs of the Human 16 Services department. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 18 OF VIRGINIA BEACH, VIRGINIA: 19 1. That the FY 2006-07 Department of Human Services 20 Operating Budget is amended for the purposes and amounts set forth 21 below: 22 a. That $53,606 in additional federal revenue is hereby 23 appropriated to help manage the increase in Medicaid caseloads; 24 b. That $75,000 in additional state revenue is hereby 25 appropriated to provide community-based programs that divert 26 individuals with mental illness from jail; 27 c. That $901,641 in additional state revenue is hereby 28 appropriated to provide on-going psychiatric care, nursing, and 29 respite services; 30 d. That $1,000,000 in General Fund Fund Balance 31 designated for Mental Health is hereby appropriated to provide 32 housing services to disabled adults; and 33 e. That estimate revenues are hereby increased by 34 $2,030,247 and that nine full-time positions, with fringe benefits, 35 are established in the FY 2006-07 Department of Human Services 36 Operating Budget. 37 f. That two part-time positions are hereby eliminated 38 in the FY 2006-07 Department of Human Services Operating Budget. 39 2. That the City Manager is hereby authorized to sign a 40 contract to purchase housing services from the Virginia Beach 41 Community Development Corporation. 42 Adopted by the Council of the City of Virginia Beach, 43 Virginia, on the 9th day of January , 2007. 44 Requires an affirmative vote by a majority of the members 45 of City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~1:~ ,b "!;;fA. City Attor y's Office CA10244 V:\applications\citylawprod\cycom32\Wpdocs\D027\POOl\O0025467.DOC R-3 January 2, 2007 {Jlt7r~ t~~ J I~~I COMMONWEALTH of VIRGINIA J lAMES S ReiNHARD. MD. COMMISSIONER DEPARTMENT OF MENTAL HEALTH, MENTAL RETARDATION AND SUBSTANCE ABUSE SERVICES Post Office Box 1797 Richmond. Virginia 23218-1797 Telepl10ne (804) 786-3921 VoicerrDD (804) 37\-8977 www.dmhmrsas.sta[e.Vll.US October 20, 2006 TetTY S. Jenkins, Ph.D. Executive Director Virginia Beach Department of Human Services 3432 Virginia Beach Blvd., Suite 344 Virginia Beach, V A 23452-4420 Dear Dr. Jenkins: The Virginia General Assembly appropriated $500,000 ofFY 2007 state general ilmds to the Department in the 2006 Appropriation Act to expand community-based programs that divert individuals with mental illness from jails or for aftercare programs for individuals with mental illness who have been released from jail. Following careful consideration of the best ways to distribute this funding, the Department decided that those Community Services Boards (CSBs) that requested funding for this purpose in November of2005 and who have been developing or implementing jail diversion programs in their regions would be the recipients of this ftJDdin~ am pleased to inform you that the Department has granted funding in the aIllOw1M5f$75,000 to)he Virginia Beach Department of Human Services for the recruitment of a jail diver~'ionl..disc.Aarg€ plamung coordinator and other necessary resources to provide post-booking jail diversion services to inmates with mental illness in the Virginia Beach Conectional Center. I am inviting you and any key CSB staff that will be involved in this project to meet at 10:00 A.M. on Thursday, November 2, 2006, at the Department's Central Office to begin the plrnming process for implementing this Initiative. Your agreement to pa.t1icipate in this project is greatly appreciated. It will be a great pleasure to work together with you and your staff and all of the criminal justice and mental health stakeholders in your community to make jail diversion for individuals with mental illnesses a reality in your locality. Sincerely, ((JJ\ ~ /' ~ / / James S. Reinhard, M.D. JSR/ibs ( \ . ~ MEMORANDUM TO: Executive Directors, HPRV Joy Yeh, Ph.D, Assistant Commissioner, Finance and Administration DMHMRSAS FROM: Date: December 15, 2006 Re: HPR V Distribution of Regional Funding DMHMRSAS is in receipt of the revised annual hudget for Regional Transformation Funding ($4,796,640) sent to Hampton-Newport News as the fiscal agent for Region V. Hampton acts as the fiscal agent for all of the funds, however the following amounts are approved for each of the CSBs in region for distribution from Hampton to the individual CSBs as agreed upon by the region based on the revised annual Regional Transformation Budget: Transformation: Chesapeake Colonial Eastern Shore Hampton Middle Peninsula Norfolk Portsmouth Virginia Beach Western Tidewater Total $ 629,826.00 457,448,00 309,705.00 837,257.00 473,681.00 689,092.00 346,682.00 701,641.00 351,308.00 $4,796,640.00 We appreciate and support the work of Regiol1 V on these projects. rfyou have questions about the funding, call or e-mail Rosanna Roberts at 804-371-0361 or rosanna. roberts@co.dmhmrsas,virginia.goY. cc: Frank Tetrick, Assistant Commissioner, Community Services Rosanna Roberts, Director, Finance and Grants Management - 43 - Item V.K 5.d. ORDINANCES/RESOLUTION ITEM #55978 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED until the City Council Session of February 6, 2007. Ordinance to ACCEPT and APPROPRIATE: $175,000 grant from the Virginia Department of Conservation and Recreation re a series of water quality enhancement projects: 1. $73,500 to Lynnhaven Watershed Restoration 2. $101,500 to Water Quality Participation Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 - 44- Item V.X 5e. ORDINANCES/RESOLUTION ITEM #55979 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE: $88,130 from the Virginia Office of Emergency Medical Services (EMS) "Four-for-Life" program to the FY 2006-07 Emergency Medical Services Department Operating Budget re additional computer equipment, twelve (12) lead defibrillators and associated medical equipment Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 1 2 3 4 5 6 7 8 9 10 AN ORDINANCE TO ACCEPT AND APPROPRIATE $88,130 FROM THE VIRGINIA OFFICE OF EMERGENCY MEDICAL SERVICES TO THE FY 2006-07 OPERATING BUDGET OF THE EMERGENCY MEDICAL SERVICES DEPARTMENT FOR THE PURCHASE OF ADDITIONAL COMPUTER EQUIPMENT, 12 LEAD DEFIBRILLATORS AND ASSOCIATED MEDICAL EQUIPMENT BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 11 BEACH, VIRGINIA: 12 That $88,130 in additional state revenue is hereby accepted 13 from the Virginia Office of Emergency Medical Services and 14 appropriated to the FY 2006-07 Operating Budget of the Emergency 15 Medical Services Department to purchase additional computer 16 equipment, 12 lead defibrillators, and associated medical 17 equipment, with state revenue increased accordingly. 18 Adopted by the Council of the City of Virginia Beach, 19 Virginia on the 9th , 2007. day of January APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ C IJ~ /-vv CR.U/ Management Services 2 / K-~ City CA10240 V:\applications\citylawprod\cycom32\Wpdocs\D022\P001\O0025393.DOC R-2 December 27, 2006 Robert Strollb..,. \"I.D. i\f.P.H. St:ltc. Hc:dth Cnrnl11lssioner C(OMMON\~VEALIf-l of 'VljR(GINll\ Department of Health Office of Emergency Medical Services P.O. Box 2448 Richmond, VA 23218-2448 109 Clovernor St.. Suite U A-55 Richmond. VA 2:121 <) Crary R. 8rn\\"Jl Dircc[(Jl" P. Seotl Winston Assis(;\nt Direclor l-kOII-521-601l) (VA only) k04-864- 7600 FAX: X04-864- 75kO July 21, 2-006 CITY OF VIRGINIA BEACH Municipal Center Courthouse Drive, Building #1 Attn: Bill Kiley, Dept of EMS Virginia Beach VA 23456 Dear City/County Administrator: Your locality will be receiving the Fiscal Year 2007 Four-For-Life payment for Emergency Medical Services (EMS) in the amount of $313,130.49. Guidelines for the use of these funds are attached. Prior to distribution of these funds, this office must receive your Report of Expenditures on last year's distribution. The total amount that must be reported for last year's distribution is annotated on the report. The Four-For-Life program, as amended in 2000, stipulates that four additional dollars be charged and collected at the time of registration of each passenger vehicle, pickup and panel truck. The funds collected, pursuant to Section 46.2-694, Code of Vir2:inia, shall be used only for emergency medical services. The law further states that the Department of Health shall return twenty-six percent (26%) of the registration fees collected to the locality wherein such vehicle is registered to provide funding for: (1) Training of volunteer or salaried emergency medical service personnel oflicensed, nonprofit emergency medical selvice agencies; or (2) for the purchase of necessary equipment and supplies for licensed, nonprofit emergency medical service agencies. :Jijlll!~", tll/ -fl}!" J ~I (".,1 t; . .. ,.._..~,. , \/h(CI~;J,.', c'rr'/\td ,,,:.q}! ~ ,)ftlL\lfll "r:.,;,..,.t"f'.;1 iill'!;;'-,!)f 1. '-!"!""'f',ff,r lh \. 1'1 ", It is important to recognize two clauses in the Four-For-Life legislation: (1) nonsupplanting funds and (2) failure to report the use of funds by any local governing body will result in funds being retained. Carol Nance, Assistant Attorney General, at our request has offered the following interpretation for use of the funds. "Any funds received from Section 46.2-694 by a non-state agency cannot be used to match any other funds derived from Section 46.2-694 by that same non-state agency" Simply put, funds returned to localities cannot be used as the matching share of any grants offered using Four-For-Life funds. "Each local governing body shall report to the Board of Health on the use of Four-For-Life funds, which were returned to it. In any case in which the local governing body grants the funds to a regional emergency medical council to be distributed the licensed, nonprofit emergency medical and rescue services, the local governing body shall remain responsible for the proper use of the funds. If, at the end of any fiscal year, a report on the use of Four-For-Life funds for that year has not been received from a local governing body, any funds due to that local governing body for the next fiscal year shall be retained until such time as the report has been submitted to the Board. " If you have any questions or need additional information, please do not hesitate to call us at (804) 864-7600. Sincerely, ~~ Ene!. : Guidelines for Expenditures of EMS Funds Four-For-Life Report of Expenditures Form - 45 - Item V.K 6.alb. ORDINANCES/RESOLUTION ITEM #55980 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances re the Department of Public Libraries FY 2006-07 Operating Budget: a. APPROPRIATE $11,000 and AUTHORIZE the use of a collection agency re overdue library material retrieval b. TRANSFER $150,000 re support for the purchase of a records management inventory control system Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 1 2 3 4 5 6 7 AN ORDINANCE TO USE A COLLECTION AGENCY TO RETRIEVE OVERDUE LIBRARY MATERIALS AND APPROPRIATE $11,000 TO THE DEPARTMENT OF LIBRARIES FY 2006-07 OPERATING BUDGET WHEREAS, the Department of Libraries no longer has an 8 effective way to retrieve long overdue materials or to collect 9 payment for them; and 10 WHEREAS, the Department of Libraries recommends the use of 11 a collection agency to retrieve long overdue materials or 12 payment for them; and 13 WHEREAS, the collection agency will charge long-overdue 14 customers with delinquent accounts valued at $45 or more 15 (including fines and the cost of long-overdue materials) a fee 16 of $8.95, and the libraries will collect this fee, deposit it in 17 the appropriate revenue account, and remit it to the vendor on a 18 monthly basis. 19 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 20 OF VIRGINIA BEACH, VIRGINIA: 21 1. That City Council expressly authorizes the use of a 22 collection agency and the imposition of a collection fee of 23 $8.95 per delinquent account valued at $45 or more. 24 2 . That $11,000 in estimated revenue from the use of a 25 collection agency to retrieve overdue library materials is 26 hereby appropriated to the Department of Libraries FY 2006-07 27 Operating Budget. 28 3. That $11,000 from local revenue sources is increased 29 accordingly. 30 Adopted by the Council of the City of Virginia Beach, 31 Virginia on the 9th January , 20011. day of APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: JtiJFM ~ City Attorn's O~fice CA10219 V:\applications\citylawprod\cycom32\Wpdocs\0027\P001\O0023892.00C R-3 December 27, 2006 1 2 3 4 5 6 7 AN ORDINANCE TO TRANSFER $150,000 WITHIN THE DEPARTMENT OF LIBRARIES FY 2006-07 OPERATING BUDGET TO SUPPORT THE PURCHASE OF A RECORDS MANAGEMENT INVENTORY CONTROL SYSTEM WHEREAS, an automated software system would better enable 8 the Municipal Research and Records Center to accurately store 9 and track public records. 10 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 11 OF VIRGINIA BEACH, VIRGINIA: 12 That $150,000 is hereby transferred within the Department 13 of Libraries FY 2006-07 Operating Budget to support the purchase 14 of Records Management Inventory Control System software and 15 associated hardware. 16 Adopted by the Council of the City of Virginia Beach, 17 Virginia on the 9th day of January , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~&J~ Managem nt ervices \jamv~rA City Attorn's ~ice CA10239 V:\applications\citylawprod\cycom32\Wpdocs\D022\P001\O0025390.DOC R-3 December 29, 2006 - 46- Item V-L. PLANNING ITEM # 55981 1. STEPHEN and LORI BURWELL VARIANCE 2. PYONG TU CHO VARIANCE 3. ROSE ANNA ETHERIDGE VARIANCE 4. CINGULAR WIRELESS CONDITIONAL USE PERMIT 5. MILITARY A VIATION MUSEUM CONDITIONAL USE PERMIT 6. CHARLES M. and DA WN R. RICHT CONDITIONAL USE PERMIT 7. SAINT JAMES MISSIONARY CHURCH CONDITIONAL USE PERMIT January 9, 2007 - 47- Item V-L.. PLANNING ITEM # 55982 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Items 1, 2 (DEFERRED INDEFINITELY), 3, 4 (DEFERRED INDEFINITELY) and 7 of the PLANNING BY CONSENT AGENDA. Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 - 48 - Item V-L.l. PLANNING ITEM # 55983 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED Resolution upon application of STEPHEN and LORI BURWELL authorizing the enlargement of a nonconforming use on property located at 310 45th Street in the Beach District. APPLICATION OF STEPHEN AND LORI BURWELL FOR THE ENLARGEMENT OF A NONCONFORMING USE Application of STEPHEN and LORI BURWELL for the enlargement of a TH Nonconforming Use at 310 45 Street to add two (2) small one-story additions (GPIN 2418866963) DISTRICT 6 - BEACH The following conditions shall be required: 1. The proposed enlargement shall be developed as depicted on the site plan entitled "Physical Survey of Lot 76, Map of Cavalier Shores" dated July 5, 2006, and last revised October 19, 2006, a copy of which has been exhibited to the City Council and is onfile in the Planning Department 2. The architectural design colors and materials of the additions to the existing structure shall be depicted on the submitted elevations entitled "Renovation and Addition Burwell Residence - New Work Elevations" dated October 8, 2006, a copy of which has been exhibited to the City Council and is on file in the Planning Department. Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 1 2 3 A RESOLUTION AUTHORIZING THE ENLARGEMENT OF A NONCONFORMING USE ON PROPERTY LOCATED AT 310 45TH STREET, IN THE BEACH DISTRICT 4 WHEREAS, Stephen and Lori Burwell, (hereinafter the 5 "Applicant") have made application to the City Council for 6 authorization to enlarge a nonconforming single-family dwelling 7 situated on a certain lot or parcel of land having the address 8 of 310 45th Street, in the R-7.5 Residential Districti and 9 WHEREAS, the said single-family dwelling is a nonconforming 10 use, in that there are two dwelling units located on the same 11 parcel, which is no longer allowedi and 12 WHEREAS, pursuant to Section 105 of the City Zoning 13 Ordinance, the enlargement of a nonconforming use is unlawful in 14 the absence of a resolution of the City Council authorizing such 15 action upon a finding that the proposed use, as enlarged, will 16 be equally appropriate or more appropriate to the zoning 17 district than is the existing usei 18 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 19 OF VIRGINIA BEACH, VIRGINIA: 20 That the City Council hereby finds that the proposed use, 21 as enlarged, will be equally appropriate to the district as is 22 the existing use. 23 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF 24 VIRGINIA BEACH, VIRGINIA: 25 That the proposed enlargement of the Applicant I s single- 26 family dwelling is hereby authorizedl upon the following 27 condi t ions: 28 1. The proposed enlargement shall be developed as 29 depicted on the site plan entitled "Physical Survey of Lot 761 30 Map of Cavalier Shorestt dated July 51 2006 and last revised 31 October 191 20061 a copy of which has been exhibited to the City 32 Council and is on file in the Planning Department; and 33 2. The architectural designl colors and materials of the 34 additions to the existing structure shall be as depicted on the 35 submitted elevations entitled "Renovation and Addition Burwell 36 Residence-New Work Elevationstt dated October 81 20061 a copy of 37 which has been exhibited to the City Council and is on file in 38 the Planning Department. 39 Adopted by the Council of the City of Virginia Beach on the 40 9th day of January I 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: .. ~w~~ City Attorneyls Office " ----' CA10242 V:\applications\citylawprod\cycom32\wpdocs\D026\P001\OO025427.DOC R-5 December 271 2006 - 49- Item V-L.2. PLANNING ITEM # 55984 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY Variance to 94.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for PYONG TU CHO at 1212 North Inlynnview Road to subdivide the existing two lots and develop a new lot for a single family dwelling. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Pyong Tu Cho. Property is located at 1212 North Inlynnview Road (GPIN 1498459841). DISTRiCT 5 - LYNNHA VEN Voting: 11-0 (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. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 - 50 - Item V-L.3. PLANNING ITEM # 55985 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council APPROVED Variance to ~4.4(b) of the Subdivision Ordinance that requires all newly created lots meet the requirements of the City Zoning Ordinance (CZO) for ROSE ANNA ETHERIDGE at 2934 Princess Anne Road to demolish the existing structure and construct an appropriate replacement. Appeal to Decisions of Administrative Officers in regard to certain elements of the Subdivision Ordinance, Subdivision for Rose Anna Etheridge. Property is located at 2934 Princess Anne Road (GPIN 1494388174). DISTRiCT 7 - PRiNCESS ANNE The following condition shall be required: 1. The applicant shall submit a subdivision plat to the Development Services Center of the Planning Department for review, approval, and recordation. The lot depicted on such plat shall be of the same size and configuration as the lot on the preliminary subdivision plat submitted with the application. Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 - 51 - Item V-LA. PLANNING ITEM # 55986 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council DEFERRED INDEFINITELY Ordinance upon application of CINGULAR WIRELESS for a Conditional Use Permit to install a wireless communications tower on an existing transmission tower at 5638 Baccalaureate Drive (Campus East and Lake Edward). ORDINANCE UPON APPLICATION OF CINGULAR WIRELESS FOR A CONDITIONAL USE PERMIT FOR A COMMUNICA TIONS TOWER Ordinance upon application of Cingular Wireless for a Conditional Use Permit for a communications tower on property located at 5638 Baccalaureate Drive (GPIN 1468230888). DISTRiCT 2 KEMPSVILLE Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 - 52 - Item V-L.5. PLANNING ITEM # 55987 The following registered in SUPPORT: Attorney R. Edward Bourdon, Phone: 499-8971, represented the applicant, Gerald Yagen, President- Military Aviation Museum. Conditional Use Permits were issued in 1969 and 1970 for an airport on Mr. Yagen 's property. Attorney Bourdon submitted a petition containing 230 signatures in support of the application. Said petition is hereby made a part of the record. Rear Admiral Fred Metz, 805 Circuit Street, Phone: 481-3248, represented the Association of Naval Aviation (ANA) John Parron, 4087 North Witchduck Road, Phone: 464-0119, Retired twenty-jive (25) years ago as a Pan American pilot Robert Dedman, 3728 Lynnfield Drive, Phone: 463-2032, retired TWA 747 Captain Little Neck resident and closefriendfor many years of Gerald Yagen. "This Museum is notjustfor Virginia Beach, butfor Virginia and the United States. " The following registered in OPPOSITION: Attorney Barry Koch, represented Roy and Katheryn Bateman, property owners across from the site Attorney Koch referenced Condition No.4. removed by the Planning Commission: (There shall be no more than forty (40) flights per week associated directly with the Museum and special event activities). Attorney Koch requested this condition be reinstated A MOTION was made by Council Lady Henley, seconded by Councilman Villanueva to ADOPT an Ordinance upon application of the MILITARY AVIATION MUSEUMfor a Conditional Use Permitfor a museum within an existing airport hanger. This application will include Condition No.4, which had been previously removed by the Planning Commission. (There shall be no more than forty (40) flights per week associated directly with the Museum and special event activities). This condition is intended to prevent the Museum from growing too large. Upon SUBSTITUTE MOTION by Council Lady Wilson, seconded by Councilman DeSteph, City Council ADOPTED an Ordinance upon application of the MILITARY AVIATION MUSEUM for a Conditional Use Permit for a Museum within an existing airport hanger: ORDINANCE UPON APPLICATION OF MILITARY AVIATION MUSEUM FOR A CONDITIONAL USE PERMIT FOR A MUSEUM WITHIN AN EXISTING AIRPORT HANGER R010734199 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Military Aviation Museum for a Conditional Use Permit for a Museum within an existing airport hanger on property located on the west side of Princess Anne Road, approximately 330feet south of Gum Bridge Road (GPIN 2401762176- part of). DISTRICT 7 - PRINCESS ANNE January 9, 2007 - 53 - Item V-L.5. PLANNING ITEM # 55987 (Continued) The following conditions shall be required: 1. The operating hoursfor the Museum shall be 9:00 AM through 5:00 PM, seven (7) days a week, except during the Summer months when the Museum will cease operating at dusk. 2. Museum employees shall number no more thanfour (4) persons on duty at any given time. There shall be no limit on the number of Volunteers. 3. There shall be no outdoor amplified sound or music associated with the Museum or special events. 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 Ninth of January Two Thousand Seven Voting: 8-3 Council Members Voting Aye: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Voting Nay: Barbara M Henley, Vice Mayor Louis R. Jones and Ron A. Villanueva* Council Members Absent: None * Verbal Nay January 9, 2007 - 54 - Item V-L.6. PLANNING ITEM # 55988 Sharon Hole, Engineering Services, Phone: 468-6800, represented the applicant, Charles M and Dawne M Richt Council Lady Henley advised the residents in the area are confused concerning the regulations. The applicants should not believe they can continually subdivide this particular lot which was initially labeled "non- buildable" site. These ordinances should be discussed by City Council relative their administration in the future. Upon motion by Council Lady Henley, seconded by Vice Mayor Jones, City Council ADOPTED an Ordinance upon application of CHARLES M. and DA WN R. RICHT for a Conditional Use Permit for an alternative residential development (three single-family lots). ORDINANCE UPON APPLICATION OF CHARLES M and DAWN R. RICHT FOR A CONDITIONAL USE PERMIT FOR AN ALTERNATIVE RESIDENTIAL DEVELOPMENT (THREE SINGLE-FAMILY LOTS) R010734200 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Charles M and Dawn R. Richt for a Conditional Use Permit for an alternative residential development (three single-family lots) on property on the west side of Princess Anne Road, approximately 1,070 feet north of Munden Point Road (GPIN 2318006762). DISTRICT 7 - PRINCESS ANNE The following conditions shall be required: 1. The property shall be subdivided into not more than three (3) residential parcels as depicted on the plan entitled "Charles M & Dawn R. Richt Property Princess Anne Road GPIN 23180067620000" "Exhibit to Accompany Use Permit Application" dated October 17, 2006 and prepared by Engineering Services, Inc. This plan has been exhibited to City Council and is on file in the Planning Department. 2. There shall be only one point of access on Munden Point Road for Lot 3 and one joint point of access provided by a shared ingress-egress easement on Princess Anne Road for Lots 1 and 2. 3. A suitable legal instrument restricting the development of the property to no more than three residential lots shall be submitted with the final subdivision plat and shall be recorded in the Clerk's Office of the Circuit Court. The content andform of such instrument shall be acceptable to the City Attorney. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of January Two Thousand Seven January 9, 2007 - 55 - Item V-L. 6. PLANNING ITEM # 55988 (Continued) Voting: 10-0 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. Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph Councilman DeSteph had to leave to travel to Washington, D.C. January 9, 2007 - 56 - Item V-L. 7. PLANNING ITEM # 55989 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED an Ordinance upon application of SAINT JAMES MISSIONARY CHURCH for a Conditional Use Permit for a Childcare Center and before/after school program within an existing church ORDINANCE UPON APPLICATION OF SAINT JAMES MISSIONARY CHURCH FOR A CONDITIONAL USE PERMIT FOR A CHILDCARE CENTER R010734201 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Saint James Missionary Church for a Conditional Use Permit for a Child care Center within an existing church on property at 5724 Old Providence Road (GPIN 1456844401). DISTRiCT 2 - KEMPSVILLE The following conditions shall be required: 1. The applicant shall obtain all necessary permits and inspections and a Certificate of Occupancy from the Permits and Inspections Division of Planning for the Childcare operation before the activity commences. 2. The applicant shall obtain any necessary inspections and approvals from the Department of Social Services, Division of Children, before the Childcare operation commences. This Ordinance shall be effective in accordance with Section 107 (j) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Ninth of January Two Thousand Seven Voting: 11-0 (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, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None January 9, 2007 Item v,M.1. - 57 - APPOINTMENTS ITEM # 55990 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS:: COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SPACE ADVISORY COMMITTEE January 9, 2007 - 58 - Item V-Po ADJOURNMENT ITEM # 55991 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 9:37 P.M. ~-~~~;~ Chief Deputy City Clerk o~{~~~ ~~ges Fraser, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia No one registered for the Public Comment Session January 9, 2007