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Home My WebLink AboutFEBRUARY 6, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MAYOR MEYERA E. OBERNDORF, At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, AI-Large HARRY E. DlEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District J BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY MANAGER - JAMES K SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 6 FEBRUARY 2007 CORRECTED AGENDA 1. CITY COUNCIL BRIEFING - Conference Room - A. VOLUNTEER PROGRAM ANNUAL REPORT Mary Russo, Director, Office of Volunteer Services II. CITY MANAGER'S BRIEFINGS A. CONVENTION CENTER HOTEL - Unsolicited PPEA Ray Garfield, President, Garfield-Traub B. CITYINA VY MEMORANDUM OF UNDERSTANDING (MOU) William Macali, Deputy City Attorney C. VIRGINIA AQUARIUM - Exhibit Gallery Renovation Charles Meyer, Chief Operating Officer D. BUDGET EXECUTION REPORTS Convention and Visitor Development Museums City Attorney's Office III. CITY COUNCIL LIAISON REPORTS IV. CITY COUNCIL COMMENTS CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH. VIRGINIA 23456-8005 PHONE:(757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com . 1 :00 PM V. REVIEW OF AGENDA VI. 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 VII. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Reverend Michael Lucas, Pastor Bayside Church of Christ 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 January 23, 2007 G. AGENDA FOR FORMAL SESSION H, PUBLIC HEARING 1. VOTING PRECINCTS - Adding and Changing Boundary Lines Hillcrest North Landing Seatack 1. CONSENT AGENDA 1. ORDINANCES/RESOLUTIONS 1. Ordinance to AMEND and REORDAIN ~1O-1 of the City Code re adding two voting precincts (Hillcrest and North Landing) and moving one polling location (Seatack) 2. Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of-way: a. MICHAEL T. and PATRICIA B. DUNHAM, to construct and maintain a retaining wall and two (2) piers at 2078 Tazewell Road (Lynnhaven Promenade) (DISTRICT 4- BA YSIDE) b, LAPLA Y A INVESTMENT ASSOCIATES, LLC, to maintain existing sidewalks, landing, steps, irrigation, and landscaping on the Boardwalk at 3209 Atlantic Avenue (33rd Street/Ocean Avenue) (DISTRICT 6 - BEACH) 3. Ordinance to AUTHORIZE the City Manager to enter into a City-State Agreement with the Virginia Department of Transportation (VDOT) re construction of Birdneck Road Phase II 4, Resolution to AUTHORIZE recertification ofthe Certified Crime Prevention Community Program in behalf of Virginia Beach Police Department 5. Resolution appointing Roderick R. Ingram and Rebecca D. Kubin as Deputy City Attorneys 6. Ordinances to ACCEPT and APPROPRIATE: a. $33,000 from the U.S. Department of Criminal Justice Services and TRANSFER $11,000 from the DEA Seized Property Special Revenue Fund to the Police Department's budget re purchase of an Infrared Camera System, Video Enhancement System and Photo-Quality Printers for the Forensic Services Unit b. $25,000 from the Albermarle Pamlico National Estuarine Program to the Planning Department's budget re restoration of Riparian Buffers at Red Mill Elementary School c. $175,000 from the Virginia Department of Conservation and Recreation for a series of water quality enhancement projects located in the Back Bay, Little Creek; Elizabeth, Lynnhaven and North Landing Rivers Watersheds K. APPOINTMENTS COMMUNITY SERVICES BOARD - CSB HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE HEALTH SERVICES ADVISORY BOARD HUMAN RIGHTS COMMISSION INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA OPEN SP ACE ADVISORY COMMITTEE L. UNFINISHED BUSINESS M. NEW BUSINESS N. ADJOURNMENT ********************************** PUBLIC COMMENTS Non-Agenda Items ********************************** TOWN HALL MEETINGS April 17 September 18 November 20 Location To Be Announced -7:15 pm Location To Be Announced -7:15 pm Location To Be Announced -7:15 pm 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 Bayside 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 call the CITY CLERK'S OFFICE at 427-4303 Hearing impaired, call: TDD only 427-4305 (TDD - Telephonic Device for the Deaf) *********** Agenda 2/6/07/st www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia 6 February 2007 Vice Mayor Louis R. Jones called to order the City Council Briefing re the VOLUNTEER RESOURCES ANNUAL REPORT in the City Council Conference Room, City Hall, on Tuesday, February 6, 2007, at 1:00 P.M Council Members Present: William R. "Bill" DeSteph, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: Mayor Meyera E. Oberndorf [Attending Governor Kaine's appointed Urban Task Force meeting in Richmond Entered: 2:30 P.M Harry E. Diezel Entered: 1:40 P.M Ron A. Villanueva Entered: 1: 1 0 P.M February 6, 2007 - 2 - CITY COUNCIL BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT 1:00 P.M. ITEM # 56037 Mary Russo, Director - Office of Volunteer Resources, presented, with great pride, the Twenty-eighth Annual Report for Fiscal Year 2005-2006 Volunteer Services has four (4) departments that continue, not only, to be models and leaders for other City agencies, but for the region, the state and the nation. The most important gift our citizens have to give to their community is their time. This gift, alone, provides over $10,828,609 to expand the City's existing services. Excellence - Million Dollar Club IFiscal Year 2005/2006 Hours Value Sheriffs Office 1,311,023 $ 4,499,982 rmergency Medical Service 234,092 3,321,632 I arks and Recreation 185,477 1,928,783 useums and Cultural Arts 105,641 1,078,212 Volunteer services has six (6) over-achiever, s each providing over $100,000 and totaling over $2-MILLION to expand existing services. Over Achievers - $100,000 and over .:. Agriculture .:. Fire .:. Human Services .:. Juvenile Court Services Unit .:. Police .:. Public Libraries ourly Rate For Virginia ours Worked TE quivalent ollar Value $ 35,712,402 $ 35,901,711 February 6, 2007 - 3 - CITY COUNCIL BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT ITEM # 56037 (Continued) In addition to hours, several programs are provided by Volunteers. Mrs. Russo cited the example of Friends of the Library who operate the Friends Shop located in the Central Library. Citizens can have their books, magazines, etcetera, recycled and use this contribution as a "tax write off". The Friends recycle the donated books and sell at discounted prices. More citizens can afford to read good books and the Friends' donation resulted in $61,821.07 for the Library. Thesejunds were utilizedfor services and equipment. There are 1,347 youth volunteers on the Mayor's Youth Council, Department of Museums, Public Libraries, Parks & Recreation, and Human Services. Our City departments and agencies give our youth opportunities to participate in City government and learn the importance of giving back to their community now and in the future. Every year City Volunteers give the most valuable gift they have to give their fellow man, millions of hours of service valued at over $14-MILLION City Volunteers are people helping people... neighbors helping neighbors... making Virginia Beach a "Community for a Life Time". The Virllinia Beach Court Docent Prollram . Volunteers began the Docent Program in the Circuit Court twenty-seven (27) years ago . The Docents have introduced over 69,000 government students to the court process and the City's correctional facility . Thanks to the fifteen (15) active volunteers, students have an opportunity to learn about the legal professions and talk first hand with judges, attorneys and the Sheriff . The Virginia Beach Bar Association, in cooperation with the Virginia Beach Courts, the Sheriff's department and the Virginia Beach Public Schools' Government Department, sponsors the program . Volunteer, Emily Mills, coordinates the program The Virllinia Beach Librarv's Book Repair Prollram Books can cost hundreds of dollars to replace . The West's Federal Reporter cost $117.50 per volume and the Virginia Forms volumes cost $95.00 each . With appreciation to volunteer Chris Watson, these law books are repairedfor about 52~ each, which includes the cost of supplies Chris repairs fifty (50) single volumes a year along with working on other projects including restoring hundreds of volumes of historical sets . Currently, Chris is wrapping and labeling superseded copies of the Virginia Acts of the Assembly . Chris has also offered book repair training to members of the Virginia Association of Law Libraries. · Jean Tancredi is the staff coordinator Human Services' Holidav Proiect . Each year the Holiday Project, sponsored by the Virginia Beach Department of Human Services, brightens the holidays for hundreds of Virginia Beach children and families Volunteers are busy September through December matching donors withfamilies, organizing hundreds of toys and gifts, checking those lists twice and arranging deliveries so that the Holidays are brighter for children andfamilies in crisis In 2005, Holiday Project volunteers matched two hundred thirty-three (233) generous sponsors who provided food baskets and gifts to 710 families and made holiday wishes possible for two hundred ninety-six (296) Virginia Beachfoster children The Holiday Project pictured Volunteers Terri Garnder, Richard Gallegos, Margaret Jackman, and Cary Early Human Services staff member, Joyce Harrison, coordinated the Holiday Project . . . February 6, 2007 - 4 - CITY COUNCIL BRIEFING VOLUNTEER RESOURCES ANNUAL REPORT ITEM # 56037 (Continued) The office of Volunteer Resources continues its support for the Citizen Corps Council. It is based on the premise that we all have a role in hometown security. The Council encourages coordination of efforts of Medical Reserve Corps (MRC), the Citizens Emergency Response Team (CERT), Neighborhood Watch, Volunteers in Police and Fire Services The Citizen Corp Council makes it possible to draw Federal Funds for: The Medical Reserve Corps (MRC) A program of the Virginia Beach Department of Public Health . To-date, it has three hundred twenty-four (324) trained Medical Professionals to provide enhanced services to the Health Department . They have fully manned the T-DAP (Tetanus, Diphtheria, and Pertusis) clinic. This is an on- going project . They provide service to the communicable disease, surveillance and reporting . In addition, they have provided "flu shots" to the Homeless at the Human Services program "I Count" . Served on the Medical Teamsfor The Rock "N" Roll and Shamrock Marathons. The program is coordinated by Part-time staff Jolynn Matte The Communitv Emerf!encv Response Team (CERT) · A program of the Virginia Beach Fire Department . As of January, CERT has trainedfour hundred thirteen (413) citizens throughout the city ne ighborhoods. . Fifteen people have been trained at Lockheed-Martin as part of the CERT Business Program and another Program will be scheduled in the near future. . Another course has been added to the ECP I Criminal Justice Program at ECP I Technical College. The second class is now in session withfifieen (15) students. The program is coordinated by Cookie Ketcham whose salary is provided by the Office of Volunteer Resources Volunteer Recof!nition Garden · Is venturing into its Third Phase . Contributions offlowering trees from the Virginia Beach Garden Club have been received · Pavers are being donated by Home Depot . Generous gifts from friends of the Russo's in Judge Russo's memory. . Funding is needed for the gazebo that will allow citizens to relax, listen to bands, dance, have weddings etc., and most of all, enjoy this beautiful complex. Councilman Wood, Liaison to the Volunteer Council, advised this budget entity entails $146,913.00 a year, but provides $14-MILLION in avoided costs, which equates to (3~) on the Real Estate Tax. Three (3) departments still do not utilize volunteers: Public Works, Public Utilities and Audit Services. The City Manager advised these departments will attempt to utilize volunteers next year, Vice Mayor Jones expressed appreciation to Mary Russo and her Volunteers for their unselfish commitment. February 6, 2007 - 5 - C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER HOTEL - Unsolicited PPEA 1:13 P.M. ITEM # 56038 The City Manager advised the Public Private Enterprise Act of 2002 (adopted by the Virginia General Assembly), allows private entities to submit proposed construction of needed public or private facilities to local governments. Under the Act, an Unsolicited PPEA was received re the construction of a Convention Center Hotel which would be adjacent to the Convention Center. The City Manager introduced Ray Garfield, President - Garfield Traub Development, accompanied by his Team. Ray Garfield introduced the key members of the Team: Jack Rogers, Vice President and Chris Jahrling- Region Director - Turner Construction Company, Leigh Breslau - Skidmore, Owings and Merrill, Peter Phillippi - Piper Jaffray and Company, John Thiesfeld - Executive Director of Sales - Hyatt Hotel and Resorts, and Stephen D. Moffett, President - Hospitality Division - Garfield Traub Development. Mr. Garfield believes this proposal the only headquarters hotel solution the City Council has received. Group planners demand an on-site hotel connected to the Convention Center. Lee Breslau advised the Team is testing the concept. A Convention Center District has been developed to allow for a certain amount of expansion. Expansion is still possible even with the Convention Center Hotel on the site. Mr. Breslau outlined and displayed graphics of the proposed Hyatt facilities. Assuming the hotel is built on the west end of the existing facility, three (3) dimensional diagrams were displayed with all the amenities of a Three-Star Convention Center Hotel. The plan of the towers is serrated (knife edged). By this shaping, the Team believes every room will have a view of the Oceanfront. Proposed Hyatt Facilities Program . 400 rooms . 20,000 square foot main ballroom . 8,000 squarefootjunior ballroom . 12,500 net square feet of additional meeting and banquet space . Specialty restaurant and bar . 130-seat convention bar . Hyatt-branded, stay-fit facilities and spa Outdoor pool · Business center Gift shop . Climate-controlled connector to Convention Center February 6, 2007 - 6 - C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER HOTEL - Unsolicited PPEA ITEM # 56038 (Continued) PROPOSED HYATT SITE PLAN HOlD. BUILDING CON'IENllON EXPANSIOO EXlSllNG CON'oUlTION PROPOSED HYATT SECTION LEVEL PHASE II TOIlm PHASE I TO'IItR E\tNT AND SUPPORT BUILDING February 6, 2007 - 7 - C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER HOTEL - Unsolicited PPEA ITEM # 56038 (Continued) PROPOSED HYATT HOTEL - GROUND LEVEL PROPOSED HYATT HOTEL - BALLROOM LEVEL !i I I! I ~ z !5 ~ g: / / '! r-'= February 6, 2007 - 8 - C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER HOTEL - Unsicited PPEA ITEM # 56038 (Continued) PROPOSED HYATT HOTEL - BALLROOM LEVEL \" " , )' xl. f ,) , I' " , r r--....J , ' L_~_~ f Mr. Garfield advised Garfield Traub has become known over the last decade as the "Number One Corporation" in America performingfor the public sector. Mr. Garfield cited their qualifications: . National developer of essential facilities for the public sector · Creative financing experts . Developed 27-MILLION squarefeet andfinanced $11-BILLION in real estate over the past three (3) decades Developed and/or financed over 100 hotels and $3.5-BILLION of debt and equity . A pioneer in tax-exempt finance and development of hotels, conference centers and entertainment facilities for the benefit of the public sector . A pioneer in taxable public/private development and finance of convention and conference center hotels . Developer of the $92-MILLION, 412-key Overland Park, Kansas, Sheraton at the convention center and the $34-MILLION, 154-key Bay City, Michigan, Doubletree and conference center, two of the first tax-exempt hotel developments in history . Currently developing the $200-MILLIION, 500-key Sheraton convention center headquarters hotel and mixed-use development in San Juan, Puerto Rico . Currently in pre-developmentfor the $60-MILLION, 304-key hotel and conference center for the City of Lubbock, Texas . Currently in pre-developmentfor the $182-MILLION, 600-key Westin Hotel at the Oregon Convention Center in Portland, Oregon Concerning the $182-MILLION, 600-key Westin Hotel at the Oregon Convention Center in Portland, Oregon, Stephen D. Moffett, President - Hospitality Division - Garfield Traub Development, advised spending a great deal of time in the Fall of 2005 working with the City of Portland through the pre- construction feasibility period. Originally this Hotel was to be privately owned. After the feasibility study, the government decided a publicly owned hotel was preferable. Portland's Convention Center was approximately 1-MILLION total square feet after expansion. Because Portland did not have a headquarters hotel, the City was losing business on a regular basis. The smaller 304-room hotel and conference center in Lubbock, Texas, will be a public/private partnership February 6, 2007 - 9 - CITY MANA GER 'S BRIEFING CONVENTION CENTER HOTEL - Unsolicited PPEA ITEM # 56038 (Continued) Lee Breslau advised the merits of Skidmore, Owings & Merrill LLP (SOM) SKIDMORE, OWINGS & MERRILL LLP . Established 1936 - 70 Years More than nine hundred (900) national and international Design Awards . First AIA Firm of the Year A ward recipient and only firm to receive the award twice . Designed more than 250 hotel and hospitality facilities . Ranked 7th in the world by Engineering News-Record . Full Service AlE - Architecture; planning; interiors; structural, civil, mechanical, electrical and plumbing engineering . AIA "Twenty-five Year" Award Recipients: . Brunswick Building, Chicago, Illinois (1994) . Crown Zellerbach Building, San Francisco, California (1997) . John Hancock Center, Chicago, Illinois (National-1992) . Kitt Peak, Pima County, Arizona (1990) . Lever House, New York, New York (National-1980) . Oakland-Alameda Coliseum, Oakland, California (1993) U. S. Air Force Academy Chapel, Colorado Springs (National-1996) . Weyerhaeuser Headquarters, Washington, DC (National-2001) Chris Jahrling, Region Director - Turner Construction Company, outlined the merits of Turner Construction Company, the Nation's largest general building contractor TURNER CONSTRUCTION COMPANY Leading general builder in the United States · 100+ year history; financially strong National network of offices Uncompromising safety record · Invest in your community - Committed to helping small, minority and women-owned businesses grow - Support local charities andfund raisers 20+ years continuous work in Tidewater Area: . Virginia Beach Convention Center . Norfolk State University Rise 1 Norfolk Southern Tower Blair Middle School · Tidewater Community College · Granby Tower (in planning) · Virginia Beach General Hospital · Chesapeake General Hospital Pinewood Plaza · Lynwood Plaza February 6, 2007 - 10- C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER HOTEL - Unsolicited PPEA ITEM # 56038 (Continued) Mr. John Thiesfeld representing Hyatt, expressed appreciation for being a part of the Team. Someone has to sell the hotel and he believes Hyatt is the one to do this function. The Hyatt Regency brand is the one for this proposed Convention Center Hotel. GLOBAL HYATT CORPORATION Parent company of all Pritzker hospitality assets · Spin off to pure lodging company . 214 Hotels and Resorts - 94,224 rooms in 43 countries and Territories . Global Hyatt operates full-service hotels under the Hyatt@, Hyatt Regency@, Grand Hyatt@ and Park Hyatt@ brands HYATT REGENCY BRAND Hyatt's core brand - classic, contemporary design and unparalleled business service to meet the needs of individual business travelers and major conferences in cities around the world . Mid to large, locally inspired architecture, state-of-the art convention and conference Facilities . Imaginative restaurants and bars and Hyatt's signature Regency Club HYATT'S NATIONAL SALES FORCE . 15 current members; 25 by the end of 2007 . Strategically placed in corporate populated secondary markets . Total Production in 2006 was $34,000,000; 2007 goal = $70,000,000 . Focused on end user business only, no third parties . Total referrals and tentatives, as of Feb. 1, 2007 = $80,000,000 HYATT'S WORLDWIDE SALES OFFICE 76 Managers located in 22 cities: 58 Managers: 1,620 National Group Accounts 18 Managers: 408 National I.T. Accounts Company of Domestic Hotels 61 $825N $13.5M 85 $980M $11.5M 37 $1.2B $8.7M 85 $900M $10.5M 47 ($3. 6M per hotel) February 6, 2007 - 11 - C IT Y MANA G E R 'S B R IE FIN G CONVENTION CENTER HOTEL - Unsolicited PPEA ITEM # 56038 (Continued) Peter Phillippi Managing Director - Piper Jaffray and Company, advised he has eighteen (18) years of investment banking experience. Piper Jaffray is a 112-year old investment banking firm. PIPER JAFFRAY & COMPANY Public Finance Services · Public Finance · Municipal Sales . Municipal Underwriting and Trading . Government Agency and Preferred Issuance · Derivative Products · Loan Participations · Tender Option Bonds Corporate and Institutional Services · Investment Banking Institutional Equity Sales · Equity Trading . Equity and Debt Capital Markets · Convertible Securities . High- Yield and Structured Products . Equity & Fixed Income Research . Client-focused, independent, publicly held securitiesfirmfounded in 1895 Leading growth-oriented, middle market investment bank . Full-service capabilities and unparalleled transaction execution · Strong capital position Built on a 100+ year track record of quality service and customer success . Only firm with dedicated Hospitality Finance practice . National leader for convention center hotel financings . Underwriter for 17 hotel transactions totaling over $3.1 billion since 1999 · Represents over 8,500 rooms . Completed broad restructurings for Austin and Denver's convention center hotel projects in 2006 Stephen D. Moffett, President - Hospitality Division - Garfield Traub Dvelopment Current industry standard approach to convention center hotel financing can be classified into two broad categories: (a) Publiclv Owned, Tax-Exemvt Bond Financed and (b) Privatelv Owned, Conventional Debt & Equitv Financed Motivation for Public/Private approach: Political influences outweigh economic benefits No future funding obligations on City after initial investment City can share in long term profits/cash flow from hotel Multiple ways for City to structure participation City has some control over ballroom and meeting space in hotel through booking policy agreement February 6, 2007 - 12 - C IT Y MANA G E R 's B R IE FIN G CONVENTION CENTER HOTEL - Unsolicited PPEA ITEM # 56038 (Continued) A full-service 3 to 4 star privately owned hotel cannot be financed 100% from private debt and equity sources in most U.S. markets today! Challenges of the Private Debt & Equity Hotel Financial Model: 1. To build afull service hotel of this quality, including ballroom and meeting space typically costs between $200,000 to $275,000 per room today 2. The underwriting by senior debt lenders in the hotel industry has changed significantly in the last 10 years, due to overcapitalization in the 1980's and very large losses on loans, both in absolute dol/ar amounts and as a percentage of the total loan: _ High Loan to Value ratios (85 - 90%) in the 1980's are now low Loan to Cost ratios (60 - 65%) _ Debt Service Coverage ratio projections at stabilization have increased from 1.2x to 1.5x The result is a much lower available loan amount as a percentage of the total budget and a correspondingly higher amount of required equity 3. Internal rates of return for hotel equity investors are typically in the 20% to 25% (pre-tax) range for new hotel construction - These high IRR's are necessary to compensate for the perceived stabilization / market risk of the new hotel _ New hotels are considered by investors to be among the highest risk real estate classes and they require a high return 4. In most markets, average daily rates and occupancies (and the resulting net cashjlow from the hotel) are not high enough to complete capitalization through 100% private debt and equity, resulting in a gap that needs to be filled. February 6, 2007 - 13 - CITY MANA GER 'S BRIEFING CONVENTION CENTER HOTEL - Unsolicited PPEA ITEM # 56038 (Continued) OVERALL GOALS OF PRE-CONSTRUCTION FEASIBILITY PERIOD To provide information to the City throughout the study so that at the end the City is totally comfortable with their financing options, their sources of funding any participation and/or investment they may be required to make and the cash flow streams they can reasonably expect to receive as a result of their participation or investment under each option. Provide a detailed study of the proposed convention center hotel that results in reasonable, quantifiable and easy to understand options for its financing and development upon which the City can make an educated and informed decision on how to proceed. HOW THE PRE-CONSTRUCTION FEASIBILITY PROCESS WORKS 1) City selects Team to develop hotel 2) Team and City negotiate for a hotel market study with qualifiedfirms. City enters into agreement with selected firm 3) Team coordinates and monitors market feasibility study and works with the selected firm to determine the scope and facilities programming of the proposed project. 4) Team works to develop a preliminary budget and projected P&Lfor the proposed hotel 5) Team estimates the amount of private financing available for the project in the public/private option and the resulting amount of public financing are necessary to complete capitalization 6) Team works with underwriters and the City's bond counsel to prepare a preliminary bond pricing model for the publicly owned option 7) Team introduces various options for securing public funding necessary to complete capitalization and reviews the legal, political and economic viability of each funding option 8) Team prepares final presentation of results and presents these to City at the appropriate forum. 9) City makes informed decision on how to proceed with the project Relative the height of the facility and compliance with Navy guidelines, Lee Breslau advised working previously on this issue concerning the tower of the Convention Center. The official documentation on the flight paths of the required heights was examined and the proposed tower for the Convention Center appears to be well under the clearances required by the military. The height of the building will be approximately two hundred (200) feet. The City Manager advised the Navy will be supplying the height restrictions in this area to the City, a derivative from the Federal Aviation Administration James B. Ricketts, Director - Convention and Visitors Bureau, advised there are 11,000 hotel rooms available in the Virginia Beach area with a current occupancy of sixty-two percent (62%). February 6, 2007 - 14 - C IT Y MANA G E R 'S B R IE FIN G CITYINA VY MEMORANDUM OF UNDERSTANDING ITEM # 56039 2:50 P.M. The City Manger advised the Memorandum of Understanding (MOU) is a collaborative project between the Navy and the City of Virginia Beach, afollow-up to the Joint Land Use Study (JLUS). Deputy City Attorney Macali and Commander John Lauterbach, Co-Author, will present the report. Deputy City Attorney William Macali distributed copies of the Memorandum of Understanding AND the Summary. Deputy City Attorney Macali and Commander John Lauterbach advised the purpose: Sets forth the process and principles by which the Commanding Officer of NAS Ocean a and the City evaluate discretionary development applications (DDA's) for land within the AICUZ footprint/AICUZ Overlay Ordinance Continues the dialog between the Navy and the City contemplated by the Joint Land Use Statement (JL US) and the Statement of Understanding Ensures there is a uniform process by which the parties can work toward a mutual understanding of their respective positions on discretionary development applications. PRINCIPLES NA VY'S RESPONSIBLITIES Consider development or redevelopment to the same or lower density or intensity to be a pre- existing, nonconforming use not subject to Navy AICUZ Guidelines Evaluate the applications for property within the Resort Area primarily to determine if they conform to applicable CZO requirements (density, design, etc.) adopted on December 20, 2005 Evaluate incompatible development in accordance with the Navy's priorities and concerns set forth in Statement of Understanding Evaluate the applications according to applicable land use criteria, the Comprehensive Plan, and City Zoning Ordinance (CZO) Interpret narrowly, but in accordance with legal principles that are binding upon the City, the "reasonable use" exception in the AICUZ Overlay Ordinance Acknowledge that the Navy has neither the authority nor the intent to limit the City Council's discretion over zoning matters Reserve discretion to comment on applications for property in the 65 - 70 dB DNL Noise Zone Oceana Commanding Officer to appear annually before the City Council with a Brief on the status of NAS Oceana, AICUZ - related matters and other issues of shared interest Within limits of national security, etcetera requirements, keep City apprised of changes to the Navy's AICUZ Program, research and studies related to aircraft, modifications to course rules and changes in Oceana's mission requirements February 6, 2007 - 15 - C IT Y MANA G E R 'S B R IE FIN G CITY/NA VY MEMORANDUM OF UNDERSTANDING ITEM # 56039 (Continued) CITY'S RESPONSIBILITIES Continue to implement and adhere to the JLUS recommendations Apply the AIC02 Overlay Ordinance in a consistent manner and in accordance with its terms In 65-70 dB DNL Noise Zone, encourage compatible development to the greatest extent practicable Direct its communications to the Commanding Officer at Oceana and, if the City wishes to communicate with higher authority, address the matter first to the Commanding Officer PROCESS This portion of the Memorandum of Understanding (MOU) is the most important part of it. It establishes a procedure by which the Navy and City jointly review applications for discretionary development applications within the AIC02 footprint in a timelv manner. Applies to all discretionary development applications for property in the AICUZ footprint (65-70, 70-75 and >75 dB DNL Noise Zones) in which a use deemed "Incompatible" is sought When an application is received, the City will provide the Navy with all application materials, including the completed "Reasonable Use Exception Application Package." The Reasonable Use Exception Application Package is a part of the regular zoning application in which the applicant must explain why the property cannot reasonably be developed with a compatible use The Navy and City Staff then meet at least 30 days before the Planning Commission meeting at which the item is scheduled. Purpose is to determine whether there exists a reasonable use of the property that is deemed compatible. If the parties agree that there are no such uses, the staffs discuss the proposal in order to determine the lowest reasonable density or intensity at which the incompatible use should be approved. In determining whether there is an alternative use that is reasonable and compatible, the following factors will be considered: Economic viability of alternative uses Compatibility of alternative uses with nearby properties Treatment of other similarly situated properties Extent to which alternative uses conform to Comp Plan Topography and environmental conditions Size of the property and the extent to which a portion of it may be developed with an alternative use On properties within> 1 Noise Zone, the extent to which proposed uses can be shifted to areas where they would be deemed compatible February 6, 2007 - 16 - C IT Y MANA G E R 'S B R IE FIN G CITYINA VY MEMORANDUM OF UNDERSTANDING ITEM # 56039 (Continued) The City and Navy may also consider any other facts or circumstances, consistent with good zoning practice, as may be necessary or advisable to fully evaluate the discretionary development application (DDA) No staff level meeting is requiredfor an application within the Resort Tourist District (RT-1, RT-2, RT-3), Laskin Road Gateway Overlay District or Old Beach Overlay District so long as the proposed use complies with City zoning and design criteria. However, either the Navy or the City may request a meeting concerning any such proposal. If either party feels that further meetings should be held, the parties' representatives, which may include the City Manager and Commanding Officer, NAS Oceana shall meet to address issues critical to either party and assure open communications. Planning Department evaluation must contain the applicable language from the Navy's OPNA V Instruction, the AICUZ Overlay Ordinance and, if applicable, the Joint Land Use Study (JLUS). Must also set forth any Navy comments or recommendations with respect to the application, based upon statements or communications from or authorized by the Commanding Officer William Macali, Deputy City Attorney, referenced in conclusion, the Memorandum of Understanding (MOU) represents both a continuation and enhancement of the JLUS and March 2005 Statement of Understanding. It is not intended to ensure that the Navy and the City agree on the proper action in all discretionary development applications in areas covered by the AICUZ program. It does, however, ensure that both the Navy and the City will be guided by the same set of principles to be followed in evaluating such applications and that there will be an orderly, timely process for the parties' joint consideration of all applications in which the proposed use is deemed incompatible BY CONSENSUS, a Resolution AUTHORZING and DIRECTING the City Manager to execute, an behalf of the City, a Memorandum of Understanding with the Naval Air Station Ocean a, shall be SCHEDULED for the City Council Session of February 13, 2007. February 6, 2007 - 17 - C IT Y MANA G E R 'S B R IE FIN G VIRGINIA AQUARIUM - Exhibit Gallery Renovation 3:30 P.M. ITEM # 56040 Charlie Meyer, Chief Operating Officer, advised the City and The Aquarium Foundation entered into an agreement for the renovation of the original exhibits at the Virginia Aquarium and Marine Science Center. The City would provide for the design and construction of the facility improvements to support the new Restless Planet exhibits and habitats. The Foundation would provide for the design, construction and installation of the exhibits, habitats, and associated support components. In FY 2006-07, the project cost estimate totaled $14,734,182, of which $6,234,182, was the City's share and $8,500,000 was the Foundation's share. The exhibit's portion of the construction bids came in at $1.5-MILLION over budget. The Foundation has agreed to cover the amount. On December 7, 2006; the City opened the bids for its general construction contract for those facility improvements. The bids for the City contract came in $5,167, 117 higher than estimated and budgeted. To provide a 10% contingency for the project, a total of $5,606,006, would be needed above the budgeted amount. Phillip Davenport, Interim Director - Public Works, displayed photographs of The Aquarium depicting the location of the project, approximately a 30,000 square foot renovation. Constructability Issues . Changing Functional Use of Building · Over Water Keep Facility Open · Accessibility to Site High Risk Best Management Practices · City Used Same AlE as Foundation · City Pre-qualified Contractors . Foundation used City Contractor Three Cost Estimates February 6, 2007 - 18 - C IT Y MANA G E R 'S B R IE FIN G VIRGINIA AQUARIUM - Exhibit Gallery Renovation ITEM # 56040 (Continued) Bid Opening December 7, 2006 · Cost Estimate $7.4M · Low Bid $12.6M . CSP Did Not Assign the Same Value to the Project Risks as the Contractors Options . Transfer $5.6M From Other Projects and A ward Contract · Use a Different Procurement Method · Start Over/Re-Design Lynn Clements, Director - Museum and Cultural Arts, detailed the Virginia Aquarium, a Marine Science Center Exhibit Gallery Renovations: Introduction Gallery Upland River Gallery Fall Zone Aquarium Coastal River Aquarium Bridge Gallery Chesapeake Bay Gallery - oyster Exhibit, Water Exhibit, Touch Tank Sting Ray Gallery, Restless Planet Laboratory Gallery Malaysian Peat Swamp Exhibit Transition Gallery Restless Planet Laboratory Sahara Desert Exhibit Conservation Station Red Sea Closing Gallery. Exotic animals will be in view for those attending: Komodo Dragon, Tomistoma, Egyptian Cobra, and Painted Asian Terrapin. Dinosaur tracks from a quarry in Culpepper, Virginia. Pat Patterson, Chair - Capital Program, The Aquarium Foundation advised over (4) years ago, The City Council and the Foundation made an exciting commitment to restore the luster to the Virginia Aquarium, a Marine Science Center. The Foundation's objective was to raise $13.4-MILLION, and the Foundation is now at the $l1-MILLION mark. Tom Fraim, President - Virginia Aquarium and Marine Science Center Foundation, advised the Virginia Aquarium is the largest revenue stream with an attendance of over 620,000 last year. The only other attraction in the Commonwealth of Virginia exceeding The Aquarium's attendance is Colonial Williamsburg. Mr. Fraim advised Peter Sollogub, was the Project Architect - Chermayeff, Sollogub and Poole, a world renowned firm. Peter has since left this firm. The Foundation was engaged with this firm prior to his leaving. February 6, 2007 - 19 - C IT Y MANA G E R 'S B R IE FIN G VIRGINIA AQUARIUM - Exhibit Gallery Renovation ITEM # 56040 (Continued) BY CONSENSUS, The Ordinance to APPROPRIATE and TRANSFER Funds to CIP #3-322, Virginia Aquarium Original Exhibit Gallery Renovation will be SCHDEDULED for the City Council Session of February 13, 2007. The Ordinance was amended to not transfer $750,000 from CIP #2-257, Lynn haven Parkway/Volvo Parkway (VODT). Change Orders will be limited to $600,000. February 6, 2007 - 20- C IT Y MANA G E R 'S B R IE FIN G BUDGET EXECUTION REPORTS ITEM # 56041 The Budget Execution Reports shall be RESCHEDULED: Convention and Visitor Development Museums City Attorney's Office February 6, 2007 - 21 - MA YOR 'S COMMENTS ITEM # 56042 Mayor Oberndorf referenced the article appearing in US. News and World Report (January 29 - February 5, 2007) entitled "What Really Happened in Jamestown 400 Years Ago: "As the Ground Shares Its Secrets, a Determined Archaeologist Challenges Old Beliefs". Said article is hereby made a part of the record. Since 1993, as Chief Archaeologist of the Association for the Preservation of Virginia Antiquities, William Kelso has been directing the Jamestown Rediscovery Project. The original settlement was built on higher ground. February 6, 2007 - 22- ITEM # 56043 Mayor Meyera E. Oberndorf entertained a motion to permit City Council to conduct its CLOSED SESSION, pursuant to Section 2.1-3711(A), Code of Virginia, as amended,for thefollowingpurpose: PERSONNEL MATTERS: Discussion, consideration or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A)(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 and Interfacility Traffic Area Properties (ITA) Bayside District Beach District Upon motion by Councilman Wood, seconded by Council Lady Wilson, City Council voted to proceed into CLOSED SESSION (4:42 P.M.). Voting: 8-0 Council Members Voting Aye: 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: William R. "Bill" DeSteph, Harry E. Diezel and Ron A. Villanueva (Closed Session: 4:42 P.M. - 5: 50 P.M.) (Dinner: 5:50 P.M. - 6:00 P.M.) February 6, 2007 - 23 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL February 6, 2007 6:00 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, February 6, 2007, at 6:00 P.M Council Members Present: William R. "Bill" DeSteph, Harry E. Diezel, Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Absent: None INVOCATION: Reverend Michael Lucas, Pastor Bayside Church of Christ 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. February 6, 2007 - 24- Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56044 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 February 6, 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 # 56043, Page 22, 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, NOW; 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. ~:a~~v th Hodges raser, MMC City Clerk February 6, 2007 - 25 - Item V-F.1. MINUTES ITEM #56045 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of January 23, 2007. 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 Item V-G 1. February 6, 2007 - 26- Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM #56046 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION February 6, 2007 - 27- Item V-H.1. PUBLIC HEARING ITEM #56047 Mayor Oberndorf DECLARED A PUBLIC HEARING: VOTING PRECINCTS - Adding and Changing Boundary Lines Hillcrest North Landing Seatack There being no speakers, Mayor OberndorfCLOSED THE PUBLIC HEARING: February 6, 2007 - 28- Item v,l. ORDINANCES/RESOLUTIONS ITEM #56048 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Ordinances/Resolutions 1, 2a.b., 3, 4 and 5 of the 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. Oberndor! John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 6, 2007 - 29- Item v,J.1. ORDINANCES/RESOLUTIONS ITEM #56049 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND and REORDAIN 910-1 of the City Code re adding two voting precincts (Hillcrest and North Landing) and moving one polling location (Seatack) 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 February 6, 2007 1 AN ORDINANCE TO AMEND AND REORDAIN THE CITY 2 CODE BY ADDING TWO PRECINCTS AND MOVING ONE 3 POLLING LOCATION 4 5 SECTION AMENDED: ~ 10-1 6 7 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 8 BEACH, VIRGINIA: 9 10 That Section 10-1 of the City Code is hereby amended and 11 reordained, to read as follows: 12 Sec. 10-1. Establishment of precincts and polling places. 13 There are hereby established in the city the following 14 precincts and their respective polling places, as set forth below: 15 Precinct Polling Place 16 Alanton Alanton Elementary School 17 Aragona Kemps Landing Magnet School 18 Arrowhead Arrowhead Elementary School 19 Avalon Avalon Church of Christ 20 Baker Ebenezer Baptist Church 21 Bayside Bayside Elementary School 22 Bellamy Salem Middle School 23 Blackwater Blackwater Fire Station 24 Bonney Center for Effective Learning 25 Brandon Brandon Middle School 26 Brookwood Bow Creek Recreation Center 27 Buckner Holy Spirit Catholic Church 28 29 Cape Henry Research and Enlightenment Building (Edgar Cayce Library) 1 30 Capps Shop 31 Centerville 32 Chesapeake Beach 33 College Park 34 Colonial 35 36 Colony 37 Corporate Landing 38 Courthouse 39 Creeds 40 Cromwell 41 Culver 42 Dahlia 43 Davis Corner 44 Eastern Shore 45 Edinburgh 46 Edwin 47 Fairfield 48 Foxfire 49 Glenwood 50 Great Neck 51 Green Run 52 Haygood 53 Hillcrest Precinct 54 Holland Back Bay Christian Assembly Centerville Elementary School Bayside Baptist Church College Park Elementary School Colonial Baptist Church Lynnhaven Church Colony Congregational Corporate Landing Middle School Courthouse Fire Station Creeds Fire Station Salem United Methodist Church Ocean Lakes High School Green Run High School Bettie F. Williams Elementary School Eastern Shore Chapel St. Aidan's Episcopal Church Kempsville Recreation Center Kempsville Presbyterian Church Princess Anne Middle School Glenwood Elementary School All Saints Episcopal Church Green Run Elementary School Haygood United Methodist Church Victory Baptist Church Holland Elementary School 2 55 Homestead Providence Presbyterian Church 56 Hunt Princess Anne Recreation Center 57 Indian Lakes Indian Lakes Elementary School 58 Kings Grant St. Nicholas Catholic Church 59 Kingston King's Grant Presbyterian Church 60 Lake Smith Bayside Church of Christ 61 Landstown Landstown Community Church 62 Larkspur St. Andrews United Methodist Church 63 Linkhorn Virginia Beach Community Chapel 64 London Bridge London Bridge Baptist Church 65 Lynnhaven Grace Bible Church 66 Magic Hollow Roma Lodge No. 254 67 Malibu Malibu Elementary School 68 Manor Providence Elementary School 69 Mt. Trashmore Windsor Woods Elementary School 70 North Beach Galilee Episcopal Church 71 North Landing Hope Haven 72 Ocean Lakes Ocean Lakes Elementary School 73 Ocean Park Bayside Community Recreation Center 74 75 Oceana Scott Memorial United Methodist Church 76 Old Donation Old Donation Center for Gifted 77 pembroke pembroke Elementary School 78 Plaza Lynnhaven Elementary School 79 80 Pleasant Hall Kempsville Baptist Church Pleasant Hall Annex 3 81 Point O'View Kempsville Church of Christ 82 Red Wing Fraternal Order of police, Lodge #8 83 Reon Woodstock Elementary School 84 Rock Lake Salem Elementary School 85 Rosemont Forest Rosemont Forest Elementary School 86 Roundhill Salem High School 87 88 Rudee Virginia Beach Volunteer Rescue Squad Building 89 90 Seatack 8c.J.t.J.clc Community Rccrc.J.tion Ccntcr Mount Olive Baptist Church 91 Shannon Church of the Ascension 92 Shelburne Christopher Farms Elementary School 93 Shell Unity Church of Tidewater 94 Shelton Park Shelton Park Elementary 95 Sherry Park St. Matthews Catholic Church 96 Sigma Red Mill Elementary School 97 South Beach Contemporary Art Center of Virginia 98 Stratford Chase Community United Methodist Church 99 Strawbridge Strawbridge Elementary School 100 Tallwood Tallwood Elementary School 101 Thalia Thalia Elementary School 102 Thoroughgood Independence Middle School 103 Timberlake White Oaks Elementary School 104 Trantwood virginia Beach Christian Church 105 Upton Three Oaks Elementary School 4 106 Village Thalia Lynn Baptist Church 107 Windsor Oaks Windsor Oaks Elementary School 108 Witchduck Bayside Presbyterian Church 109 Wolfsnare Virginia Beach Christian Life Center 110 111 Central Absentee Voter Precinct Agriculture/Voter Registrar Building 112 BE IT FURTHER ORDAINED BY THE CITY COUNCIL OF THE CITY OF 113 VIRGINIA BEACH, VIRGINIA: 114 115 That the boundaries of the Glenwood and Hillcrest Precincts 116 shall be as set forth in the attached map labeled, uMap B Glenwood 117 Precinct Split: New Precinct Name - Hillcrest Victory Baptist 118 Church;" and the boundaries of the Courthouse and North Landing 119 Precincts shall be as set forth in the attached map labeled, uMap C 120 Courthouse Precinct Split: New Precinct Name - North Landing Hope 121 Haven." Both maps have been exhibited to City Council and are on 122 file in the Voter Registrar's Office. 123 Adopted by the City Council of the City of Virginia Beach, 124 Virginia, on this 6th day of February , 2007. APPROVED AS TO CONTENTS: APPROVED AS TO LEGAL SUFFICIENCY: ::e~~ City AttorneyDs ffice CA10262 v:\app1ications\citylawprod\cycom32\WpdocS\D026\P001\OO027025.DOC R-1 January 26, 2007 5 SUMMARY ATTACHMENT: Map A - Seatack Precinct The Seatack Precinct polling location currently located at Seatack Community Recreation Center will be moved to Mount Olive Baptist Church located at 310 N. Birdneck Road. This move is at the request of the current polling location. Map B - Glenwood Precinct The Glenwood Precinct must be divided due to increased number of registered voters. An additional polling location at Victory Baptist Church located at 4125 Indian River Road has been secured for the new Hillcrest Precinct and precinct lines will be adjusted accordingly. Map C - Courthouse Precinct The Courthouse Precinct must be divided due to increased number of registered voters. An additional polling location at Hope Haven located at 3000 North Landing Road has been secured for the new North Landing Precinct and precinct lines will be adjusted accordingly. MapA i~k~~~' Seatack Precinct: Polling Location Change Mount Olive Baptist Church .;.,..~; ~)?: j) ,~f::( it ......., ~ ',il:.<.'.o, :>" '~.>:,~~:~, : "".\ . f ~ Fraternal Order J..,'Tj.~;{ - Jl f."":e. .,~ . .,;~/j' ,~~ ..".,rd"f /<~~,.o,... / " .......,d ~-:~~d. ,~. " L t~ ,,~. ' l ~" ," i <'.~~:. ,,> .' ~/'-~.,~. ." "hQlYll .I *'- c' lIt' il.' '",:1:J i.! ~.' /~\W~l~~t - ~s t~ """""""'''"~ LA II. It ~.'" ..- ':~~rO~ . \ \~ x.~t. \!. '''. .............. \;.!;io "";\ \, "\ " ~\.;. ,\\, \::~ ........:,'.,"'''..h... ~ ......~ ."""-..,,-. "'"". ''''''>'-,,''''-'~,> "".,...... "'" "i\t MapC Courthouse Precinct Split: New Precinct Name - North Landing Hope Haven ~,,~~, l! 1 ~,~: ,~:- · .' 4flo ~~/ A, / ~1~ i / \ -.; " '00,11 11 ",. II 8 \.' i '. i, /~;.,. \ ~'. '\ I, (1;..'- ~"':"'" 'ih. '> cinct Boundary cation - 30 - Item V.J.2.a. ORDINANCES/RESOLUTIONS ITEM #56050 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to A UTHORIZE temporary encroachments into portions of the City's rights-of way: MICHAEL T and PATRICIA B. DUNHAM, to construct and maintain a retaining wall and two (2) piers at 2078 Tazewell Road (Lynnhaven Promenade) (DISTRICT 4 - BAYSIDE) 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 the Planning Department prior to commencing any construction within the encroachment area. 7. The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional insured or loss payee, as applicable. The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. February 6, 2007 - 31 - Item V.J.2.a. ORDINANCES/RESOLUTIONS ITEM #56050 (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-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were occupied by the applicant; and if such removal shall not be made within the time ordered herein above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 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 February 6, 2007 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE TEMPORARY 4 ENCROACHMENTS INTO A PORTION OF CITY 5 RIGHT OF WAY KNOWN AS LYNNHAVEN 6 PROMENADE (A PAPER STREET) LOCATED AT 7 THE REAR OF 2078 TAZEWELL ROAD BY 8 MICHAEL T. DUNHAM AND PATRICIA B. 9 DUNHAM 10 11 WHEREAS, Michael T. Dunham and Patricia B. Dunham desire to 12 construct and maintain a retaining wall and two (2) piers within a 13 portion of the City's right of way known as Lynnhaven Promenade (a 14 paper street) . 15 WHEREAS, City Council is authorized pursuant to 55 15.2-2009 16 and 15.2-2107, Code of Virginia, 1950, as amended, to authorize 17 temporary encroachments upon the City's right of way subj ect to 18 such terms and conditions as Council may prescribe. 19 NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 20 VIRGINIA BEACH, VIRGINIA: 21 That pursuant to the authority and to the extent thereof 22 contained in 55 15.2-2009 and 15.2-2107, Code of Virginia, 1950, as 23 amended, Michael T. Dunham and Patricia B. Dunham, their heirs, 24 assigns and successors in title are authorized to construct and 25 maintain temporary encroachments for a retaining wall and two (2 ) 26 piers in a portion of the City's right of way as shown on the three 27 (3) maps marked Exhibit "A" and entitled: "PROPOSED ENCROACHMENTS 28 FOR PIERS & RETAINING WALL FOR MIKE DUNHAM," a copy of which is on 29 file In the Department of Public Works and to which reference is 30 made for a more particular description; and 31 BE IT FURTHER ORDAINED, that the temporary encroachments are 32 expressly subject to those terms, conditions and criteria contained 33 in the Agreement between the City of Virginia Beach and Michael T. 34 Dunham and Patricia B. Dunham (the "Agreement"), which is attached 35 hereto and incorporated by reference; and 36 BE IT FURTHER ORDAINED, that the City Manager or his 37 authorized designee is hereby authorized to execute the Agreement; 38 and 39 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 40 effect until such time as Michael T. Dunham and Patricia B. Dunham 41 and the City Manager or his authorized designee execute the 42 Agreement. 43 Adopted by the Council of the City of Virginia Beach, 44 Virginia, on the 6th day of February 200";. CA-I0168 R-l PREPARED: 10/24/06 APPROVED AS TO CONTENTS (I C, tr.. LIC WORKS, REAL ESTATE X:IOIDtREAL ESTATEtEncroachments\PW OrdinanceslCAl0168 Dunham Ordinance Revised by NLF.doc v~lapplicationslcitflawprodlcycorn32IWpdocs\DO03IpOOlI00025863.DOC PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.I-81I(C) (4) THIS AGREEMENT, made this I:) day of December, 2006, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and MICHAEL T. DUNHAM and PATRICIA B. DUNHAM, and THEIR HEIRS, ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though more than one. WIT N E SSE T H: WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land designated and described as "# 2078" as shown on that certain plat entitled, "EXHIBIT "B" PLAT OF CRAB CREEK CONDOMINIUM" dated January 28, 1987 and said plat is recorded in the Clerk's Office of the Circuit Court in the City of Virginia Beach, Virginia in Map Book 2633 at Page 0416, and being further designated, known, and described as 2078 Tazewell Road, Virginia Beach, Virginia 23455; WHEREAS, it is proposed by the Grantee to construct and maintain a retaining wall and two (2) piers, 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 Lynnhaven Promenade (a paper street), the "Encroachment Area"; and WHEREAS, the Grantee has requested that the City permit the Temporary Encroachment within the Encroachment Area. L YNNHA VEN PROMENADE (A PAPER STREET) (CITY RIGHT OF WAY - NO GPIN REQUIRED) GPIN (1489-58-6234-7270) 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: "PROPOSED ENCROACHMENTS FOR PIERS & RETAINING WALL FOR MIKE DUNHAM," 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 2 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 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 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. 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, Michael T. Dunham and Patricia B. Dunham, 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. CITY OF VIRGINIA BEACH By City Manager/Authorized Designee ofthe City Manager (SEAL) ATTEST: City Clerk 4 t1J. ') . ;a,hilt/t: /!j,["I/,); {t,j7- Patricia B. Dunham 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: 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 My Commission Expires: 5 STATE OF CITY/COUNTY OF -t )lS\(& _\~l\ Cr:, .' to-wit: l-1~5Z. J7 1rtL~:33-) The foregoing insYrument was acknowledged before me this 1--3 day of I'iJy CtHnmission Expires: ot ~ ~) \ ' ac) lO STATE OF ~';1 C'tL,~C.-C, CITY/COUNTY OF U-isLi:j;r.~'( & Qlt" to-wit: The foregoing instrument was acknowledged before me this l ~ day of r~r(c~""Y'lc::f?f , 200 (c'), by Patricia B. Dunhai~ " 'J, iv1y Commission Expires: (.',:> \ - 3 \ rcJJ=t) ~mf( C. ~N-. GNATURE APPROVED AS TO LEGAL r~\7~rC~A~\.D -(~~ , ,\ ),. ,~.. ,1'<,-.)\J '" APPROVED AS TO CONTENTS Ph) R f61 f &tiJi DEPARTMENT G:\USERS\SHARED\ WP80\RE\Real Estate Forms\ WORD DOCS\ENCROACHMENTS\ENCROACHMENT.AGREEMENT.doc 6 Exhibit A --- --- ---..:.- ;..: VJ 8 w--, L ow 3: ~ CRAB CREEK 7 o~ tfJ(J ______~EDGE OF CHANNELL ----:-._-- t ___________ TO CITY OF VA BEACH LYNNHAVEN BOAT & BEACH FACILITY ~ VJ VJ o 0:: ~~ --' 0::; ~@ I ----z~ PROPOSED RETAINING WALL I MLW I ..' ADJACENT EXIST. PIER L YNNHk. VEN PRO R'='586 36 ~ 1'- MENADE Il'='50.00' .. - = =- L DECK - ---I I EXIST. I BULKHEAD (A PAPER STREET) I I I I- I I co I~ I I I; l:l ~ Iz '0 I~ I~ liS Vl (J I 3-STORY I FRAME I 2078 TAZE'f.ELL RD VA BEACH, /VA 23455 APO MR. FISHER 2076 TAZEWELL RD VA BEACH, VA 23455 ~. INTICATES PHOTO ~ NO. & DIRECTION L_ ,- R=1416.21' L=54.77' ~ TAZEWELL ROAD GRAPHIC SCALE SITE PLAN 10' 0 25' /'-i---.l H ~ 1" = 25' SCALE: 1"=25' PROPOSED ENCROACHMENTS FOR PIERS & RETAINING WALL FOR MiKE DUNHAM PROJECT LOCATION: 2078 TAZEWELL RD VA BEACH, VA 23455 MLW=O.O' DATE: 09/12/06 SHEET 1 OF 3 -~ --n>"- l' FROM PROPERlY UNE ... .oJ ~ :::;; n 0 e: ~ ... N ':.to 2WX6W DECKING. NAIL <<) EACH JOIST W/2-16d NAILS 1/4" OPEN JOINTS . 4X4" PILES PROPOSED RETAINING WALL, o GRAPHIC SCALE 10' 20' 3/32" =1'-0" ADJACENT PROPERTY OWNERS: 1. MR. CARR 2080 TAZEWELL RD VA BEACH. VA 23455 2. MR. FISHER 2076 TAZEWELL RD VA BEACH, VA 23455 1lIJ7 -'}:)r / /Of> ,/ XED PIER \j'> -------, I I I I .,,~ I ,/ I I _______.--J 25' TO EDGE OF CHANNEL I I I I ~i / I I I I -=Ii I I ~~ ./ l ~ 9)~ / ~;5 OJACENT PIER ./ PLAN-PROPOSED PIERS SCALE: 3/32"-1' MQIES; 1. ALL WOOD (PIUNG &: FRAMING) TO BE TREATED (2.25 PCt, CCA) , DECKING (O.4PCF) 2. ALL HARDWARE TO BE HOT DIP GAlVANIZED. 3. SEED ALL DISTURBED GROUND SURFACES. 2"X8" JOISTS @2' a.c., lYP., TOE NAIL TO ~CH STRINGER - - - a.=1.7' %- DIAM. THRU BOLT WI OGEE &: PI.A.TE WASHERS. TYP. . - - ,- - - - - - MHW-2.50' 4, INSTAlL 36w HIGH SILT FENCE SEAWARD OF AlL DISTURBED AREAS AT CONCLUSION OF EACH WORK DAY. EMBED 4" HORIZONTAllY AND 4- VERTICAlLY AND PROPERLY MAINTAIN. J.S'FROM MlW --- -----MLW=O.O. EL -9.0':t 22' FROM MHW 8- PILfS @ 8' a.c. SECTION VB06-117 NW REV.: 8/25/06 SCAlE: 3/32"=1' PROJECt LOCATION: 2078 TAZEWELL VA BEACH, VA 23455 APPLICANT /AGENT: MIKE DUNHAM 2078 TAZEWELL VA BEACH, VA 23455 OATE: 3/30/06 SHEET 2 OF 3 MLW=O.O' . I !r w 0... PROPOSED PIER. lJ.. lL.o o o...~ ~@ o ::Em o 0:::0 lL.1- . 0 IOZ :s DO NOT DISTURB EXIST. t:i WETLANDS _ 3:... _ ."'-- _ _ NOTES: 1. CONSTRUCT RETAINING WALL BEFORE DREDGING IN ORDER TO PREVENT EXIST. WALL FAILURE AND COLLAPSE OF WETLANDS. , . 2. ALL WOOD TO BE TREATED (2.25 PCF. CCA). 2, ALL HARDWARE TO BE HOT DIP GALVANIZED. TOP OF PROPOSED RETAINING WALL TO BE 3M ABOVE EXIST. GROUND - - - - - MHW"'2.5' EXIST. BOTTOM -=0=" L %" DrAM. THRU BOLT W/ OGEE & PLATE WASHERS, lYP. EXISTING WALL PROPOSED 8" DrAM. WOOD PILES @ .5-4" O.C., PROPOSED VINYL SHEETING, SHOREGUARD SG225 AS MANUFACTURED BY CRANE MATERIALS INTERNATIONAL OR EQUAl.. 6' VB06-117 NW REV.: 8/25/06 GRAPHIC SCALE o l' 2' ~\.--.l~ 1/2- =1'-0. PROPOSED RETAI~~ING WALL SECTION SCALE: 1/2""'1' 1. MR. CARR 2080 TAZEWELL RD VA BEACH. VA 23455 2. MR. FlSHER 2076 TAZEWELL RD VA BEACH, VA 23455 PROJECT LOCATION: 2078 TAZEWELL VA BEACH. VA 23455 APPLICANT I AGENT: MIKE DUNHAM 2078 TAZEWELL VA BEACH VA 23455 DATE: 3/30/06 SHEET 3 OF 3 ADJACENT PROPERTY OWNERS: MlW=O.O' C o ;; (,) ::s lOb 10 fA 'lit C M 0 NO cu ... .- (1) C ._ '0, 0.. .: " > C ft CU .c- (,)- CO CU ...(1)3: (1) m C) C . C ~ CU .- 0> .= ft 'ti S E CU (1) cuoo::: .c 0::: .. C-t: ::s G) (1) C~E t-=(1).c -~(,) (1) L- CO COr-O .cCO'" (.) t-- (,) i~~ . ..... Q) Q) ..c .- .....a. c U) .- -..... Lt) Lt) ~ M N CU .- .:: c: 0)0 ... .- .- .... >g s::,rft J:; (.) f/) CU c: CI) 0 mo CU ... .- CI) c: .- .- a. ~"O .- c: > CU ~ .c= (.) CU ...m3: CI) m C) c: . c: ~ CU 'C 0> .- ~ cu ~ "0 .... E cu CI) cao~ .c ~ .. c:-c ~ Cii CI) C~E "':CI).c -~(.) CI) t- CU ca 0 .cOO'" (.) I' (.) .- 0 c: ::ENW J \\.;~: ':- >- en ~ o 'S; ~ a. <0 U) <0 .c - -- .c 0> 'C c o 'U Q) L- ~ "0 'Q. -- >- -e Q) a. o L- a. -- c Q) o m :.0 <( 4= Q) c o Q) > o ..c m 'U Q) L- ~ ~ a. >- -e . Q) L- a..~ Oa. L- a.'U -- Q) o > Q) 0 .--. L- ..ca. ~ a. OOm N W+E S CHESAPEAKE BAY 1489 ~ z Z 'X ~ ~ "tI ~ ~ ~ ~ rn (') ~ (') ~ ~ ----------------..-- ~ ~~- ----------._~./ <~\ -r-- ,,~ ----- ~ ----- --------------= ~----- ~~~~------------ LOCATION MAP ENCROACHMENT REQUEST FOR: MICHAEL T. DUNHAM AND PATRICIA B. DUNHAM 2078 TAZEWELL ROAD, VIRGINIA BEACH, VA. GPIN 1489-58-6234-7270 SCALE: 1" = 100' - 32 - Item V.J.2.b. ORDINANCES/RESOLUTIONS ITEM #56051 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinances to AUTHORIZE temporary encroachments into portions of the City's rights-of way: LAPLAYA INVESTMENT ASSOCIATES, LLC, to maintain existing sidewalks, landing, steps, irrigation, and landscaping on the Boardwalk at 3209 Atlantic Avenue (33rd Street/Ocean Avenue) (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 post a bond or other security, in the amount of two (2) times their engineer's cost estimate, to the Office of Planning Department to guard against damage to City property or facilities during construction. 7. The applicant must obtain and keep in force all risk property insurance and general liability or such insurance as is deemed necessary by the City, and all insurance policies must name the City as additional insured or loss payee, as applicable. The applicant agrees to carry comprehensive general liability insurance in an amount not less than Five Hundred Thousand Dollars ($500,000), combined single limits of such insurance policy or policies. The applicant will provide endorsements providing at least thirty (30) days' written notice to the City prior to the cancellation or termination of, or material change to, any of the insurance policies. The applicant assumes all responsibilities and liabilities, vested or contingent, with relation to the temporary encroachment. February 6, 2007 - 33 - Item V.J.2.b. ORDINANCES/RESOLUTIONS ITEM #56051 (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-ofway encroached upon the equivalent of what would be the real property tax upon the land so occupied if it were occupied by the applicant; and if such removal shall not be made within the time ordered herein above, the City may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day that such temporary encroachment is allowed to continue thereafter; and, shall collect such compensation and penalties in any manner provided by law for the collection of local or state taxes. Voting: 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 February 6, 2007 1 Requested by Department of Public Works 2 3 AN ORDINANCE TO AUTHORIZE 4 TEMPORARY ENCROACHMENTS INTO 5 A PORTION OF RIGHTS-OF-WAY 6 KNOWN AS 33~ STREET AND OCEAN 7 AVENUE (THE BOARDWALK) 8 LOCATED ADJACENT TO 3209 9 ATLANTIC AVENUE BY LA PLAYA 10 INVESTMENT ASSOCIATES, 11 L.L.C., A VIRGINIA LIMITED 12 LIABILITY COMPANY 13 14 WHEREAS, La Playa Investment Associates, L.L.C., a Virginia 15 limited liability company, desires to maintain existing 16 sidewalks, landing, steps, irrigation, and landscaping into a 17 portion of existing City rights-of-way known as 33rd Street and 18 Ocean Avenue (the Boardwalk) located adjacent to 3209 Atlantic 19 Avenue. 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 into a portion of existing 23 City rights-of-way subject to such terms and conditions as 24 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, La Playa Investment Associates, L. L. C., a Virginia 30 limited liability company , its assigns and successors in title 31 are authorized to maintain temporary encroachments for existing 32 sidewalks, landing, steps, irrigation, and landscaping into a 33 portion of existing City rights-of-way known as 33rd Street and 34 Ocean Avenue (the Boardwalk) as shown on those 3 exhibit maps 35 marked Exhibit "A" and entitled: "ENCROACHMENT EXHIBIT FOR LA 36 PLAYA INVESTMENT RESIDENCE INN 33RD & ATLANTIC," a copy of which 37 is on file in the Department of Public Works and to which 38 reference is made for a more particular description; and 39 BE IT FURTHER ORDAINED, that the temporary encroachments 40 are expressly subject to those terms, conditions and criteria 41 contained in the Agreement between the City of Virginia Beach 42 and La Playa Investment Associates, L.L.C., a Virginia limited 43 liability company, (the "Agreement"), which is attached hereto 44 and incorporated by reference; and 45 46 BE IT FURTHER ORDAINED, that the City Manager or his authorized designee is hereby authorized to execute the 47 Agreement; and 48 BE IT FURTHER ORDAINED, that this Ordinance shall not be in 49 effect until such time as La Playa Investment Associates, 50 L.L.C., a Virginia limited liability company, and the City 51 Manager or his authorized designee execute the Agreement. 52 Adopted by the Council of the City of Virginia Beach, 53 Virginia, on the 6th day of Fphrll~ry 2007. CA-10169 X:\OID\REAL ESTATE\Encroachments\PW Ordinances\CAl0169 La Playa Ordinance.doc v:\applications\citylawprod\cycom32\WpdoCS\D018\POOl\O0026550.DOC R-1 PREPARED: 11/15/2006 APPROVED AS TO CONTENTS ~u, l\.Om~~~ PUBLIC WORKS, REAL ESTATE (J APPROVED AS TO LEGAL SUFFICIENCY AND FORM ,~ PREPARED BY VIRGINIA BEACH CITY ATTORNEY'S OFFICE EXEMPTED FROM RECORDATION TAXES UNDER SECTION 58.1-811(C) (4) THIS AGREEMENT, made this '1 day of .::..~ aL-~"'1 , 2007, by and between the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation of the Commonwealth of Virginia, Grantor, "City", and LA PLAYA INVESTMENT ASSOCIATES, L.L.C., a Virginia limited liability company, and ITS 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 Six (6), Five (5), and the Northern 25' of Lot Four (4) in Block Seventy-Seven (77), as shown on that certain plat entitled: "Property of Virginia Beach Development Co., Virginia Beach VA. North of 25th St.", and said plat is recorded in the Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia in Map Book 3, at Pages 176 and 177, and being further designated, known, and described as 3209 Atlantic Avenue, Virginia Beach, Virginia 23451; WHEREAS, it is proposed by the Grantee to maintain existing sidewalks, landing, steps, irrigation, and landscaping collectively, the "Temporary Encroachment", in the City of Virginia Beach; GPIN: 2428-02-6802-0000 WHEREAS, in maintaining the Temporary Encroachment, it is necessary that the Grantee encroach into a portion of existing City rights-of-way known as 33rd Street and Ocean Avenue (the Boardwalk), 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 maintaining the Temporary Encroachment. 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 those certain plats entitled: "ENCROACHMENT EXHIBIT FOR LA PLAYA INVESTMENT RESIDENCE INN 33RD & ATLANTIC". Said exhibits are dated "REVISED 10/30/06" and consist of three (3) pages, 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. 2 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 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 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 3 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 endo-rsements 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 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 oflocal or state taxes. IN WITNESS WHEREOF, the said La Playa Investment Associates, L.L.C., a Virginia limited liability company, has caused this agreement to be executed on its behalf by Thomas 1. Lyons, Jr., Managing Member of La Playa Investment Associates, L.L.C., a Virginia limited liability company, with due authority to bind said limited liability company. Further, that 4 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 WAS LEFT INTENTIONALLY BLANK) 5 CITY OF VIRGINIA BEACH By City Manager/Authorized Designee ofthe City Manager (SEAL) ATTEST: City Clerk LA PLA Y A INVESTMENT ASSOCIATES, L.L.C., a Virginia Limited liability company By Thomas J. STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of , 2007, by , CITY MANAGER/AUTHORIZED DESIGNEE OF THE CITY MANAGER. Notary Public My Commission Expires: 6 STATE OF VIRGINIA CITY OF VIRGINIA BEACH, to-wit: The foregoing instrument was acknowledged before me this day of ,2007, by RUTH HODGES FRASER, City Clerk for the CITY OF VIRGINIA BEACH. Notary Public My Commission Expires: STATEOF~~ CITY~TY OF'G\,-,h &QC,Q.J, to-wit: The foregoing instrument was acknowledged before me this ~ day of qUallUMO' 2007, by Thomas J. Lyons, Jr., Managing Member on behalf of La Playa Investment Associates, L.L.C., a Virginia limited liability company. ~'Q)ge bv~~ Notary Public My Commission Expires: ~~ 6lt ;;;OuT APPROVED AS TO CONTENTS APPROVED AS TO LEGAL SUFFICIENCY AND FORM C\O\\Yl(J[') C. C~(lA.~)C))'f"fj ~') ) I SIGNATURE ~r~21 ct=\QCLV~ f [:I~yt- Q DEPARTMENT 11. i ..".1 ./ 'J'I" 1. ".J' (1.1' ! . . ,., ' '.' . Ji J'" . " I v lvH" r ~ v /\/'\,1 IJ\I ~ G:\VSERS\SHARED\ WP80\RE\Real Estllle Form,\ WORD DOCSIENCROACIIMENTSIENCROACHM ENT.AGREEMENT.doc 7 EXISTING SIDEWALK ENCROACHMENT (25.0 SQ. FT.) EXISTING LANDING AND STEPS ENCROACHMENT (24.5 SQ. FT.) GRAPHIC SCALE ~ 10 0 5 10 20 40 ~~~ I I FEET @ 1 INCH = 20 FEET 33rd STREET 60' R/W II MB 3, P 177 ..1 . ,., ENCROACHMENT EXHIBIT FOR LA PLAYA INVESTMENT O' , PROPOSED IMPROVEMENTS UNDER CONSTRUCTION EX 01 ~RIM 12.21 INV B.'12 EX Hf EX DI RIM 12.L1 INV B.3::< ~ -~- " CITY LlGI-IT POLE E> 5.50 EXISTING SIDEWALK ENCROACHMENT (399.2 SQ. FT.) EX TVPED ~ EX CATV o ..... ...... 38.0' ...... . '. ". . L.LJ >~ <(:J <( Z2; <(~ LJ...J 0 Ue o EX BIKE PATI-I '- GPIN: 2428-02-6802 '- Exhibit" An .. "'1 ELLAM I.- .. ER WITZ ENGINEERING - SURVEYING - PLANNING RESIDENCE INN 33RD & ATLANTIC SOD CENTRAL DRlVE - SUITE 113 - VIRGfNIA BEACH, VA. 23454 (757) 340-0828 - FAX (757) 340-1603 SHEET 1 OF 3 KG# V04-045 REVISED 10 30 06 ,- S 6" - 12" FIXED SPRAY BEDS (TYP.) o 4" FIXED SPRAY TURF (TYP.) %AINLlNE (TYP) GRAPHIC SCALE 15 0 15 30 60 ~_~ I I FEET 1 INCH = 30 FEET 33rd STREET 60' R/W II MB 3, P 177 II 6- 6- ... .. o .....,.. /? EX TVPED C8I EX CATV o ~ GPIN: 2428-02-6802 c=:::Jc=:::Jc:==:Jc::=Ic:=:::Jc::::::::Jc=:::=Jc::::::Jc:=::J ENCROACHMENT EXHIBIT FOR LA PLAYA INVESTMENT RESIDENCE INN 33RD & ATLANTIC OCEAN RANCH REALTY CORP. 3107 ATLANTIC AVE. VIRGINIA BEACH, VA 23451 GPIN: 2428-02-6568 I-.:"Y' .','\ '.J ELLAM ERWITZ ~ ~ CITY FLAG POLE ..... ~ X BIKE PATH ENGINEERING - SURVEYING - PLANNING 500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH. VA 23454 (757) 340-0828 - FAX (757) 340-1603 SHEET 2 OF 3 KG# V04045 REVISED 10 30 06 I t GRAPHIC SCALE 1 5 0 1 5 30 ~-~ 1 FEET 1 INCH = 30 FEET 33rd STREET 60' R/W II MB 3, P 177 II EXISTING LANDSCAPING ENCROACHMENT (512 SQ. FT.) @ 60 I ~ ~ 6- + " EXISTING LANDSCAPING ENCROACHMENT 0 (795 SQ. F'T) 0 " ~ X BIKE PATH .. 1; c=::=:lc::::::lc::::=:Jr::=::::Jc:::::::Jc:::::=::Jc::::::::!c:::=:=Jc::::::J OCEAN RANCH REALTY CORP. 3107 A1LANllC AVE. VIRGINIA BEACH, VA 23451 GPIN: 2428-02-6568 ENCROACHMENT EXHIBIT FOR LA PLAYA INVESTMENT ELLAM ERWITZ Ie..') ',.'. ,no ,e'.1 " ENGINEERING - SURVEYING - PLANNING RESIDENCE INN 33RD & ATLANTIC 500 CENTRAL DRIVE - SUITE 113 - VIRGINIA BEACH, VA 23454 (757) 340-0828 - FAX (757) 340-1603 SHEET 3 OF 3 KG# V04045 REVISED 10 30 06 ~ ! . "i:-"'~; 'H,~ -, u-;;._..""", _ . , .. I u~ '0 . I: , ~.. <IJ '.:lI: .... " ~ =-=f.J ill ,;; = I: 'C GI - ell ~ ~~J .... ... = ... Coi -= .. =- c:.1: rIl ... =... <IJ = Coi ~ ...r,.C1 '"' = ....GI-=,. I:,CI I:,CI GI .... ell ~ S'C~ = iQl~t; "~f~ .:l'"'.... ~~~ ~ ell -= ,. ~'GlI."" .s: ,CI ff') ~ j:l.; 1:: ff') 'C ell = c:.1. ~ Z =.. CD o o N, oq- ..... f; CD '0 g oq- . ..... ~,;.= ~...r,~ ~ I: f ~ ell Coi '" ~ I: ~ 0 GI ell I: .. ~ = ~=~ !" 'v 1:~ ' " ~ 'C 6' = ~.!:: ~ Q,lo.-"'C~ a:::! I: <1' ~ 'a eQ.:; ~.C1 ~.~ =""=10 ... = 'Q. GI ~ ~ e.; ~"; '" I: - "'0._ j:l.;~=~ ell ell I: ~ ~ ~.. '> o z: t, .;, ~\\~,!,' n.~ CD g N oq- ..... - ...~ 4,; r,_ ~ > o z: U,CI, ~ =] ~ , = ell I: ~"'-:a ,;; ~:! ~ ~:.:2 ~ f ,.;:1', .. = f Coi ~.s-= I: "" ~.. GI "" I: ~ = ...r, ,. , = ,;;g~i GI=I:~ S.CI!II'C .... GI ~ 10 '"' ,CI ...r, .. ~ .... 1:-= .:l'C~: ell GI Coi ~ ... ~ 0 : .s .: ~ 'a. j:l.; '"' , ell ell ell = Coi ~~-=.., ~",-'~ ---..../ . , ~ z+oo ~ ~ Q) a. o .... a. ~ (3 D e'/tJ N'J p..\..\<. ",p.O eOI" o ...J ...J .. en w t; ~ W ON ;:)0 0 0 a. en CO <(W enCll :En: <(N I- 0 ZZn:!zob OWOW~ i=:EU-:EN <c:z: I-Z 00 en_ 0<( Wa. ...JO >C) n: Z o - Z ~ W <c ...J a. :5 ~ ~ --- ~ N o 00 ~ N <;> 00 N '<t ~ ig <( o ~ ro ~ t/) a. ro :2 o ro o '0 .- c II ~ ~ ;J; w ~ ..J U. <( () o 0:: en ~ t/) 1) <Il '0' 0:: -- x - 34 - Item v'J.3. ORDINANCES/RESOLUTIONS ITEM #56052 John Fowler, Public Works - Engineering, advised Birdneck Road Phase II is a Virginia Department of Transportation (VDOT) administered project and one of the Legacy projects. Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to A UTHORIZE the City Manager to enter into a City-State Agreement with the Virginia Department of Transportation (VDOT) re construction of Birdneck Road Phase II 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 February 6, 2007 1 ORDINANCE AUTHORIZING THE CITY 2 MANAGER TO ENTER INTO A CITY-STATE 3 AGREEMENT WITH THE VIRGINIA 4 DEPARTMENT OF TRANSPORTATION FOR 5 CONSTRUCTION OF THE BIRDNECK ROAD, 6 PHASE II PROJECT (CIP 2-149, 5-008 & 7 6-069) 8 9 10 WHEREAS, the proposed Birdneck Road, Phase II Project provides 11 for a four-lane divided highway with a bikeway from General Booth 12 Boulevard intersection to Norfolk Avenue/Southern Boulevard 13 intersection for a distance of approximately 2.5 miles; and 14 WHEREAS, City Council has determined that a public necessity 15 exists for the construction of this important project to provide 16 transportation enhancements and for other public purposes related 17 to the preservation of the safety, health, peace, good order, 18 comfort, convenience and welfare of the citizens of Virginia Beach; 19 and 20 WHEREAS, in order for the Virginia Department of 21 Transportation ("VDOT") to proceed with this project, the City must 22 enter into a City-State Agreement with VDOT for construction of the 23 proj ect; now 24 THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF VIRGINIA 25 BEACH, VIRGINIA: 26 That the City Manager is hereby authorized to enter into a 27 City-State Agreement with the Virginia Department of Transportation 28 for construction of the Birdneck Road, Phase II Project (CIP 2-149, 29 5-008 & 6-069), VDOT Project UOOO-134-V27, PE-101, RW-20l, C-501 30 (UPC 11754) on behalf of the City of Virginia Beach. 31 Adopted by the Council of the City of Virginia Beach, 32 Virginia, on the 6th day of Februarv ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Public Works CA10261 V:\applications\citylawprod\cycom32\Wpdocs\D026\P001\O0026961.DOC R-1 January 26, 2007 ..~~ , . 'l1)>. ~( -::'\'-. ','t:.', o 400 800 I '\ t., \~ ...),\ p'/",\ '"\1 /.:';//'- \, - \i 1,600 . Feet '\ =<,. "~~\ -~?-~ '..x,/'V .\. \,,~) \~ ~ \~ \~\\ -f "\\ \~ _.~ \'. \\1 ", j\ 'f\\' \iW\ '"\~\ .~. ~\\ .,\, \\}\ \~\-.= \~~ ~\\ \\~ \~\ '1\ '\i\ \:~ \\~ ~\\ ~:~ \~\ 11,\ Ii ! I LOCATION MAP BIRDNECK ROAD. PHASE II CIP 2-149 f'") _kr 't.........".......,;\ \ .. _ _ .J._ Prepared by P.W./Eng./Eng. Support Services Bureau 1/17/07 X:\Projects\ARC Files\Agenda Maps\Birdneck Rd Phase II AGREEMENT FOR PROJECT CONSTRUCTION, OPERATION, AND MAINTENANCE BElWEEN THE crrv OF VIRGINIA BEACH AND THE VIRGINIA DEPARTMENT OF TRANSPORTATION BIRDNECKROAD PROJECT UOOO-134-V27, C501 (UPC 11754) THIS AGREEMENT, made and executed in triplicate as of this day of , 200 ----J between the COMMONWEALTH OF VIRGINIA, DEPARTMENT OF TRANSPORTATION, hereinafter referred to as the "DEPARTMENT" or "VOOT' and the CITY OF VIRGINIA BEACH, hereinafter referred to as the "MUNICIPALITY". WITNESSETH: WHEREAS, the Commonwealth Transportation Board and MUNICIPALITY have allocated funds for the widening of Birdneck Road, Project UOOO-134-V27. C501 (upC 11754), hereinafter referred to as the "Project"; and NOW, THEREFORE, for and in consideration of the premises and mutual covenants and agreements contained herein, the parties hereto agree as follows: 1. The DEPARTMENT will construct the Project as approved. 2. After construction the MUNICIPALITY will maintain the Project, or have it maintained, in a manner satisfactory to the DEPARTMENT or its authorized representatives and will make ample provision each year for such maintenance. 3. The MUNICIPALITY, after construction of the Project or any part thereof: shall not pennit any reduction in the number of or width of traffic lanes, or any additional median crossovers and enlargement of existing median crossovers, or any alterations to channelization islands, without the prior written approval of the DEPARTMENT. 03 October 2004 Standard Project UOOO-134- V27, C502 UPC 11754 4. Right-of-way for the Project was acquired with rights of access restricted to points designated on the plans. No additional access points will be permitted without prior written approval of the DEPARTMENT. 5. Parking will be prohibited at all times on both sides of the roadway on this Project and appropriate NO PARKING signs shall be erected. The signs shall confonn to the standards as shown in the current edition of the Manual on Unifonn Traffic Control Devices. 6. The location, form and character of infonnationaI, regulatory and warning signs, curb and pavement or other markings and traffic signals, installed or placed by the MUNICIPALITY or any public authority, or other agency, or private entity, shall confonn to the standards as shown in the current edition of the Manual on Unifonn Traijic Control Devices or be subject to the written approval of the DEPARTMENT. 7. The location and installation of utility poles, lighting standards, traffic signal poles or any other facility installed or placed within the right-of-way by the MUNICIPALITY or any public authority, or other agency, or private entity, shall confonn to the VDOT Land Use Permit Manual, or be subject to the written approval of the DEPARTMENT. 8. The MUNICIPALITY shall comply with Title VI of the Civil Rights Act of 1964 and the Fair Employment Contracting Act, Section 2.2-4200 through 2.2-4201 of the Code ofVrrginia (1950), as amended. 2 Project UOOO-134- V27, C502 UPC 11754 9. The MUNICIPALITY shall comply with all applicable federal, state and local rules, regulations and statutes when work is perfonned on this project by it's employees, agents, or contractors at Project expense. 10. Prison labor will not be used for any pwpose whatsoever on the Project. 3 Project UOOO-134-V27, C502 UPC 11754 11. The MUNICIPALITY shall participate in the actual cost of the Project in accordance with the following tabulation, understanding that the costs shown are estimated and the percentages will be applied to actual costs: PROJECT COST MUNlCIPALflY'S SHARE ITEM ESTIMATED COST ~ AMOUNT Preliminary Engineering $ 4,400,000.00 2 $ 88,000.00 Right of Way Acquisition & Relocation $ 4,802,222.00 2 $ 96,044.44 DVP Utility Relocation $ 2,135,204.82 2 $ 42,704.10 DVP Utility Relocation (Betterment) $ 1,271,924.51 50 $ 635,962.26 Verizon Utility Relocation $ 369,089.00 2 $ 7,381.78 Verizon Utility Reloc. (Betterment) $ 351,648.00 50 $ 175,824.00 Cox Communication Utility Reloc. $ 326.832.00 50 $ 163.416.00 Total Right-of-Way & Utilities $ 9,256,920.33 $1,121,332.57 Construction: Regular Bid Items $16,979,397.71 2 $ 339,587.95 Precast Sound Barrier $ 205,257.00 2 $ 4,105.14 Precast Sound Barrier (Betterment) $ 28,808.00 100 $ 28,808.00 Field Office $ 196,286.65 2 $ 3,925.73 Police Patrol $ 50,000.00 2 $ 1,000.00 Hydraulics $ 4,497,433.53 2 $ 89,948.67 Median Pavers (Betterment) $ 158,709.45 100 $ 158,709.45 Landscape Items $ 588,487.41 2 $ 11,769.75 Traffic Items $ 1,125,999.28 2 $ 22,519.99 Utility (Project Cost) $ 2,901,166.06 2 $ 58,023.32 Utility (Betterment) $ 1,054,070.56 100 $1,054,070.56 Contingency & Eng (Project Cost) $ 4,742,593.38 2 $ 94,851.87 Contingency& Eug (Betterment) $ 223,485.84 100 $ 223.485.84 Total Construction $32,751,694.87 $2,090,806.27 4 ITEM Other: City Procure Tr. Signal Equipment Install Roadway Lighting by DVP Total Other Total Project Cost: ESTIMATED COST $ 84,510.62 $ 693.602.00 $ 778,112.62 $47,186,727.82 5 Project UOOO-134-V27, C502 UPC 11754 MUNICIPALITY'S SHARE 0/0 AMOUNT 2 2 $ 1,690.21 $ 13.872.04 $ 15,562.25 $3,315,701.10 Project UOOO-134-V27, C502 UPC 11754 IN WITNESSETH WHEREOF, the parties sign and cause this Agreement to be executed by their duly authorized officers. ATTEST: City Clerk City ofVlfginia Beach City Manager City ofVlfginia Beach NOTE: The official signing for the municipality must attach a certified copy of the authority under which this agreement is executed. Signature of Witness Commonwealth Transportation Commissioner Commonwealth of Virginia Department of Transportation 6 - 35 - Item V. J. 4. ORDINANCES/RESOLUTIONS ITEM #56053 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to AUTHORIZE recertification of the Certified Crime Prevention Community Program in behalf of Virginia Beach Police 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 February 6, 2007 1 2 3 4 5 A RESOLUTION AUTHORIZING THE CITY OF VIRGINIA BEACH TO RE-CERTIFY FOR CONTINUED PARTICIPATION IN THE DEPARTMENT OF CRIMINAL JUSTICE SERVICES' CERTIFIED CRIME PREVENTION COMMUNITY PROGRAM 6 WHEREAS, the Virginia Beach City Council supports 7 maintaining the safety and security of its citizens and the 8 community at large to promote crime prevention; 9 WHEREAS, the City Council is prepared to continue its 10 support toward appropriate efforts within the community to 11 continue promoting crime prevention and community safety; 12 WHEREAS, the Department of Criminal Justice Services 13 ("DCJS") offers communities a "Certified Crime Prevention 14 Community Program" ("Program"), which is specifically designed 15 to recognize Virginia communi ties committed to crime prevention 16 and community safety while providing a framework for those 17 communi ties to institute crlme prevention at the local level 18 which must be recertified every three years; 19 WHEREAS, before a locality can submit an application for 20 participation in the Program, the local governing body must 21 adopt a resolution authorizing such participation; and 22 WHEREAS, participation in the Program also requires a 23 participating locality to designate a local community crime 24 prevention, or community safety, councilor coalition. 25 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY 26 OF VIRGINIA BEACH, VIRGINIA: 27 1. That City Council hereby authorizes the City of 28 Virginia Beach ("City") to participate in the Department of 29 Criminal Justice Services' Certified Crime Prevention Community 30 Program, and authorizes the Police Department to take all 31 efforts necessary to meet the DCJS requirements for the City to 32 be recertified as a Certified Crime Prevention Community; and 33 2. That City Council hereby designates the Virginia Beach 34 Crime Prevention Steering Committee as the City's representative 35 for the purpose of participating in the Program. 36 Adopted by the Council of the City of Virginia Beach, 37 Virginia on the 6th day of February , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ;e~r City Attorney's Office CA10264 \\vbgov.com\dfsl\applications\citylawprod\cycom32\Wpdocs\D031\POOl\00027420.DOC R-1 January 31, 2007 - 36- Item V.J.5. ORDINANCES/RESOLUTIONS ITEM #56054 Upon motion by Vice Mayor Jones, seconded by Council Lady Wilson, City Council ADOPTED: Resolution appointing Roderick R. Ingram and Rebecca D. Kubin as Deputy City Attorneys 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 February 6, 2007 1 A RESOLUTION APPOINTING RODERICK R. INGRAM AND 2 REBECCA D. KUBIN TO THE POSITION OF DEPUTY 3 CITY ATTORNEY 4 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 5 VIRGINIA: 6 That pursuant to ~ 2-166 of the City Code, Roderick R. Ingram 7 and Rebecca D. Kubin are hereby appointed to the position of Deputy 8 City Attorney, effective March 1, 2007. 9 Adopted by the Council of the City of Virginia Beach, 10 Virginia, on the 6th day of February , 2007. APPROVED AS TO CONTENT AND LEGAL SUFFICIENCY: ;:;e~ ~ City Attorne s Office CA-10256 v:\applications\citylawprod\cycom32\WpdocS\D023\P001\O0026761.DOC R-1 January 23, 2007 - 37 - Item V.J.6a ORDINANCES/RESOLUTIONS ITEM #56055 Upon motion by Councilman DeSteph, seconded by Council Lady Wilson, City Council ADOPTED: Ordinance to ACCEPT and APPROPRIATE: $33,000 from the Us. Department of Criminal Justice Services and TRANSFER $11,OOOfrom the DEA Seized Property Special Revenue Fund to the Police Department's budget re purchase of an Infrared Camera System, Video Enhancement System and Photo- Quality Printers for the Forensic Services Unit 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 February 6, 2007 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $33,000 2 FROM THE UNITED STATES DEPARTMENT OF CRIMINAL 3 JUSTICE SERVICES AND TRANSFER $11,000 FROM THE 4 DEA SEIZED PROPERTY SPECIAL REVENUE FUND TO 5 THE POLICE DEPARTMENT'S FY 2006-07 OPERATING 6 BUDGET FOR THE PURCHASE OF AN INFRARED CAMERA 7 SYSTEM, VIDEO ENHANCEMENT SYSTEM, AND PHOTO- 8 QUALITY PRINTERS 9 WHEREAS, the police Department has received a $33,000 grant 10 from the United States Department of Criminal Justice Services and 11 has identified $11,000 within the FY 2006-07 DEA Seized Property 12 Special Revenue Fund for the required cash match. 13 NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 14 VIRGINIA BEACH, VIRGINIA: 15 1. That $33,000 is hereby accepted from the united States 16 Department of Criminal Justice and appropriated to the Police 17 Department's FY 2006-07 Operating Budget for the purchase of an 18 infrared camera system, a video enhancement system, and photo- 19 quality printers, with federal revenue increased accordingly. 20 2. That a cash match of $11,000 is hereby transferred from 21 the DEA Seized Property Special Revenue Fund to the Police 22 Department's FY 2006-07 Operating Budget. 23 Adopted by the Council of the City of Virginia Beach, 24 Virginia, on the 6th day of February , 2007. Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: CA10254 V:\applications\citylawprod\cycom32\WpdocS\D023\P001\OO026757.DOC R-2 January 25, 2007 t. ~. Jan. 22 2007 04:26PM P2 I . FROM FRX NO. :7574265011 " COMMONWEALTH of VIRGINIA . I.eonard G. Cooke Director Department of Criminal Justice Services D~cember 18, 2006 202 N. Ninth Street Richmond, VIrgInia 23219 (804) 7S6-4000 FAX (804) 311-8981 TOO (804) 386-8732 Mr. ;J~es K, Spore City Manager. ' City ofV!rginia Beach 2401 CourthouSe Drive VirgiI1iaB~ach, VA 23456 .' l'itl~:' . Collection of Evidence 'ProjeCt Dear Mi'. Spo~: Iampleased'to advise you that grant number 07-AS3~9AD05 forth~ above.referenced grant program has been approved in tbe'amount of $33,000 in Federal Funds and $l1:,OOO.inMatching Funds for a~()ta1 award of $44,000. .' . . . Enclosed you ~ilrfind a statement of GrantA ward and a Statement of Grant Award Special Conditions. To indicate your accepi:ance of the award. and ccin'ditions, pleaSe sign the award acceptance and return it to Janice Waddy, GrantS Administrator. at the Department of Criminal Justice Services (DCJS). Please review the conditio~ carefully; a$ so~e re9~~re 'action onyourpart.before we will disJ>urse gJant funds. . . Also, enclosCd an~ the Post AWard Instructions and Re,porting Re'quirements. Please ref~ to and read this jl\f&I'l\u.ti~ft ,!!.p!fulb' ~ it ~&fttai,fts~e~ls &ft "eeessiftg ftftllftllinl Oftd l!lPO~!lS pcJ!letm, 0.9 welllltlllOtluootillg awarded -funds. JememJ)er all./ltumcJaJ and progre~ repom, buJgci untemlment Tequub' unJ requuJ JbT . funds must be processed through our GIants Management OnlinelnformatiDn System (GMIS). We appreciate your interest in this grant program and will be happy to assist you in any way we can to assure your project's success. If you. have any questions, pJ~ call Kathi Lee at (804) 786-4303. Yours very truly, l~WL(o. ~ Leonard G. Cooke Enclosures cc; Mr. Dan W. Clanton, Forensics Supervisor Ms. Patricia K. Phillips, Finance Director Kathi Lee, DCJS Crim~l JU8lI,ca ~ ~ . CommiltGe on Trslnil\tl . Mvisory Cornmillae on Juveroile Jusllce AdIIisory Commll1ee to. CourtAppoillled Special AtNocale and Childrlln's Juatlc:& Ad Programs PriI4le seoriy SIlMC8$ Advlsi:lry Bostd . Criminal Juslice IntollTllltion Sytrlems Commltlee - 38 - Item V,J.6blc. ORDINANCES/RESOLUTIONS ITEM #56056 Todd Barnes, President - Back Bay Restoration Foundation, 3272 Colechester Road, Phone: 721-3039, spoke in SUPPORT of any grant involved with water quality improvement re Back Bay. Council Lady Henley referenced the responses to her questions re the Water Quality Improvement Fund Grant which had been forwarded to City Council in their Agenda Packages on January 25,2007, and is hereby made a part of the record. Council Lady Henley was concerned re spending the public's funds wisely. Council Lady Henley expressed concern re the Red Mill Grant (twice the cost of similarly approved projects in October). Council Lady Henley expressed concern re Closure of Nanneys Creek Swine Lagoon in the amount of $50,000, which is located on Federal property, having been acquired by the Back Bay Refuge several years ago. The grant states it would remove nutrient and bacteria bearing sludge and overlaying waters adversely affecting local surface waters. Is this the responsibility of local Government, especially on Federal property? Water quality improvement work is necessary but on property for which the city is responsible. Restoration of Wetlands on Ashville Creek is also another project located on Federal property. Relative clean-up, Council Lady Henley wished an overall plan be established re total maximum daily loads, a plan for achieving same and a target date. Upon motion by Councilman DeSteph, seconded by Council Lady Wilson, City Council ADOPTED, with the understanding that a detailed cost estimate be provided Citv Council prior to commencement of the proiects: Ordinances to ACCEPT and APPROPRIATE: $25,000 from the Albermarle Pamlico National Estuarine Program to the Planning Department's budget re restoration of Riparian Buffers at Red Mill Elementary School $175,000 from the Virginia Department of Conservation and Recreation for a series of water quality enhancement projects located in the Back Bay, Little Creek; Elizabeth, Lynnhaven and North Landing Rivers Watersheds February 6, 2007 - 39 - Item v'J. 6b/c. ORDINANCES/RESOLUTIONS ITEM #56056 (Continued) 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 February 6, 2007 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $25,000 2 FROM THE ALBEMARLE PAMLICO NATIONAL ESTUARINE 3 PROGRAM TO THE DEPARTMENT OF PLANNING AND 4 COMMUNITY DEVELOPMENT'S FY 2006-07 OPERATING 5 BUDGET FOR THE RESTORATION OF RIPARIAN BUFFERS 6 ADJOINING RED MILL ELEMENTARY SCHOOL 7 8 WHEREAS, the Department of Public Works - Storm Water 9 Management Program has identified $12,100 within their FY 2006-07 10 Operating Budget for the cash match required for the restoration 11 of riparian buffers adjoining Red Mill Elementary School within 12 the Back Bay watershed; and 13 WHEREAS, an in-kind match of $5,000 will be provided by 14 City staff and volunteers from the Back Bay Restoration Foundation 15 Community Watershed Organization. 16 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY 17 OF VIRGINIA BEACH, VIRGINIA: 18 (1) That $25,000 is hereby accepted from the Albemarle 19 Pamlico National Estuarine Program and appropriated to the 20 Department of Planning and Community Development's FY 2006-07 21 Operating Budget for the restoration of riparian buffers adjoining 22 Red Mill Elementary School within the Back Bay Watershed, 23 development and printing of an educational fact sheet, installation 24 of an information kiosk, and creation of an outdoor classroom 25 learning environment, with Federal Revenue increased accordingly. 26 (2) That $12,100 is hereby transferred from the 27 Department of Public Works - Storm Water Management Program Fund FY 28 2006-07 Operating Budget for the cash match required for this 29 project. 30 Adopted the by the Council of the City of Virginia Beach, 31 Virginia, 6-:th-- day of Fobru:J.ry , 2007. 32 Requires an affirmative vote by a majority of the members of 33 the Ci ty Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~~u\_ ~~~~ City Attorney's Oftlce CA10232 v:\applications\citylawprod\cycom32\Wpdocs\D019\P001\OO025173.DOC R-2 December 27, 2006 , I"~ Albemarle-Pamlico National Estuary Program . North Carolina Department of Environment and Natural Resources Michael F, Easley, Governor William G. Ross Jr" Secretary Bill Crowell, Director AVA NCDENR. April 25, 2006 Clay Bernick 2405 Courthouse Drive Virginia Beach. V A 23456 Dear Mr. Bernick: On behalf of the Albemarle~Pamlico National Estuary Program (APNEP), it is with great pleasure thatl congratulate you on the acceptance of your schoolyard demonstration project submittal entitled "Red Mill Elementary Riparian Buffer and Environmental Education Project". After careful discussion and deliberation upon your proposal, the Citizen Advisory Committee determined the project to be one that will succeed in furthering the management actions contained in the APNEP Comprehensive Conservation and Management Plan (CCMP), We will be contacting you to work out the contract details. Again, congratulations! We look forward to a mutually beneficial and rewarding relationship and. most importantly, to protecting the natural resources of eastern North Carolina. Sincerely, ~ ',/1 Bill Crowell BC/jbg 1601 Mail Service Center, Raleigh, North. Carolina 27699.1601 Phone: 919.715.1327 \ FAX: 919-715.3060 \ Internet: www. http://h2o.enr,state.nc.us/nep/ Iv1 Equal OpportlJnity \ Affirmative Action Employer - 50"/" RecYCled \ 10% Post Consumer Paper '':> 1 2 3 4 5 6 7 AN ORDINANCE TO ACCEPT AND APPROPRIATE A $175,000 GRANT FROM THE VIRGINIA DEPARTMENT OF CONSERVATION AND RECREATION FOR A SERIES OF WATER QUALITY ENHANCEMENT PROJECTS WHEREAS, the Virginia Department of Conservation and 8 Recreation has awarded the City a $175,000 state grant to undertake 9 a series of water quality enhancement projects and pilot community 10 conservation partnerships with organizations within the City's Back 11 Bay, Elizabeth River, Little Creek, Lynnhaven River and North 12 Landing River watersheds; and 13 WHEREAS, this grant requires a cash match of $175,000, which 14 1S available in two capital projects, CIP #7-153, Lynnhaven 15 Watershed Restoration, and CIP #7-159, Water Quality Participation 16 Projects. 17 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 18 VIRGINIA BEACH, VIRGINIA: 19 That a $175,000 state grant from the Virginia Department of 20 Conservation and Recreation is hereby accepted with $73,500 21 appropriated to CIP #7-153, Lynnhaven Watershed Restoration, and 22 $101,500 appropriated to CIP #7-159, Water Quality Participation 23 Projects, for a series of water quality enhancement projects, with 24 estimated revenues to be increased accordingly. 25 This ordinance shall be effective from the date of its 26 adoption. 27 Adopted by the Council of the City of Virginia Beach, 28 Virginia on the 6th day of February , 2007. 29 APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: City AA~Z::~lce CA10241 v:\applications\citylawprod\cycom32\Wpdocs\D022\P001\O0025414.DOC R-2 December 27, 2006 2 WQIF Grant Description of Projects n Title: Boat Pump Out Location: Lynnhaven Watershed Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $6,000 City Cash Match: $3,000 Funding Source: CIP 7-153 Basis of Estimate: Existing Contract Proposed Completion: 9-30-08 Description of Project: This project will be contracted with Hampton Roads Sanitation District for removal and disposal of sewage from vessels in the waters of the Lynnhaven Watershed from Memorial Day through Labor Day. tilt. Title: Lake Trashmore Aeration Location: Lake Trashmore/Lynnhaven Watershed Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $109,000 City Cash Match: $ 54,500 Funding Source: CIP 7-153 Basis of Estimate: Existing Contract Proposed Completion: 9-30-07 Description of Project: Installation of 4 solar powered aerators in the waters in Lake Trashmore is expected to reduce nutrient concentrations in the water. tlJ Title: Nawney Creek Swine Lagoon Closure Location: Southern Watershed Contact Agency: VA Dare Soil & Water Conservation District Contact Person: Roy Flanagan Project Cost: $50,000 City Cash Match: $25,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-07 Description of Project: Removal of nutrient and bacteria bearing sludge and overlaying waters in an abandoned swine lagoon adversely affecting local surface waters. ~ Title: Watershed Markers Location: Little Creek, Southern Waters, Rudee, No. Landing River Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $ 8,000 City Cash Match: $ 4,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 12-15-07 Description of Project: Development and installation of watershed markers to increase educational awareness of the locations of the City's watersheds ~ Title: Stumpy Lake Aeration Location: Stumpy Lake/North Landing River Watershed Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $100,000 City Cash Match: $ 50,000 Funding Source: CIP 7-159 Basis of Estimate: Existing Contract Proposed Completion: 9-30-07 Description of Project: Installation of 4 solar powered aerators in the waters in Stumpy Lake is expected to reduce nutrient concentrations in the water, bacteria and trophic status and stabilize dissolved oxygen levels. Iii Title: Oyster Shell Recycling Program Location: Lynnhaven Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 8,000 City Cash Match: $ 4,000 Funding Source: CIP 7-153 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-08 Description of Project: Collection, cleaning, weathering, and installation of oyster shells will be used as an educational awareness project and for oyster reef construction. tfZ. Title: Location: Contact Agency: Contact Person: Project Cost: City Cash Match: Funding Source: Basis of Estimate: Proposed Completion: Description of Project: riparian buffer. Thalia Elem. Riparian Buffer Restoration Lynnhaven Watershed Planning Clay Bernick $ 10,000 $ 5,000 CIP 7-153 Best Professional Judgment 5-31-08 Acquisition and planting of materials needed to restore a liB. Title: Storm Drain Stenciling Location: City Wide Contact Agency: Public Works Contact Person: Steve McLaughlin Project Cost: $ 10,000 City Cash Match: $ 5,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 9-30-08 Description of Project: Fabrication and distribution of storm drain stencils for installation by civic groups to increase public awareness of the importance of pollution control. il2 Title: Heritage Park Riparian Buffer Restoration Location: Southern Watershed Contact Agency: Planning Contact Person: Clay Bernick Project Cost: $ 10,000 City Cash Match: $ 5,000 Funding Source: CIP 7-159 Basis of Estimate: Best Professional Judgment Proposed Completion: 5- 31-08 Description of Project: Acquisition and planting of materials needed to restore a riparian buffer along a former farm drainage channel on land to be dedicated to the City as an easement. W Title: Location: Contact Agency: Contact Person: Project Cost: City Cash Match: Funding Source: Basis of Estimate: Proposed Completion: Description of Project: riparian buffer. W Title: Location: Contact Agency: Contact Person: Project Cost: City Cash Match: Funding Source: Basis of Estimate: Proposed Completion: Description of Project: riparian buffer. W Title: Location: Contact Agency: Contact Person: Project Cost: City Cash Match: Funding Source: Basis of Estimate: Proposed Completion: Description of Project: riparian buffer. Kings Grant Park Riparian Buffer Restoration Lynnhaven Watershed Planning Clay Bernick $ 10,000 $ 5,000 CIP 7-153 Best Professional Judgment 5-31-08 Acquisition and planting of materials needed to restore a Hampton Roads Ag, Res. & Ext. Riparian Buffer City Wide Agriculture Me! Atkinson $ 5,000 $ 2,500 CIP 7-159 Best Professional Judgment 5-31-07 Acquisition and planting of materials needed to restore a Thoroughgood House Riparian Buffer Restoration Lynnhaven Watershed Planning Clay Bernick $ 4,000 $ 2,000 CIP 7-153 Best Professional Judgment 5-31-08 Acquisition and planting of materials needed to restore a W Title: Location: Contact Agency: Contact Person: Project Cost: City Cash Match: Funding Source: Basis of Estimate: Proposed Completion: Description of Project: wetlands area. Ashville Bridge Creek Instream Wetlands Restoration Southern Watershed VA Dare Soil & Water Conservation District Roy Flanagan $ 20,000 $ 10,000 CIP 7-159 Best Professional Judgment 9-30-08 Acquisition and planting of materials needed to restore a City Cash Match Totals By Funding Source CIP 7-153 CIP 7-159 TOTAL TOTAL Grant Funding TOTAL Project SGM 01-02-07 $ 73,500 $101,500 $175,000 $175,000 $350,000 - 40- Item V,K 1. APPOINTMENTS ITEM # 56057 BY CONSENSUS, City Council RESCHEDULED thefollowing APPOINTMENTS: INVESTMENT PARTNERSHIP ADVISORY COMMITTEE-PPEA and removed from consideration: OPEN SPACE ADVISORY COMMITTEE 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 February 6, 2007 - 41 - Item V.X2. APPOINTMENTS ITEM # 56058 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: John T. McGrann (Family Member) Unexpired Thru 12/31/09 COMMUNITY SERVICES BOARD - CSB 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 February 6, 2007 - 42- Item v'K3. APPOINTMENTS ITEM # 56059 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Page Lea 1 Year Term 1/1/07 -12/31/07 HAMPTON ROADS ECONOMIC DEVELOPMENT ALLIANCE 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 February 6, 2007 - 43 - Item V.K.4. APPOINTMENTS ITEM # 56060 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Kathryn Hill 3 Year Term 4/1/07 - 3/31/10 HEALTH SERVICES ADVISORY BOARD 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. Oberndor! John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: None February 6, 2007 - 44- Item v'K.5. APPOINTMENTS ITEM # 56061 Upon NOMINATION by Vice Mayor Jones, City Council APPOINTED: Deborah "Debbie" Dunford Unexpired thru 3/31/07 PLUS 3 Year Term 4/1/07 - 3/31/10 HUMAN RIGHTS COMMISSION 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 February 6, 2007 - 45 - Item V-No ADJOURNMENT ITEM # 56062 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:53 P.M. (J?,,-, L C 9a,~ ~---------~----------- Beverly 0. Hooks, CMC Chief Deputy City Clerk ---------------------------------- Louis R. Jones Vice Mayor --------------------------------- uth Hodges Fraser, MMC City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia The Public Comment Session adjourned at 7:15 P.M. February 6, 2007 - 46- OPEN DIALOGUE Non Agenda Items Patrick Salyer, 1741 Seaton Drive, Phone: 479-5189, long time resident, spoke relative neighborhood safety. According to statistics of the Commonwealth's Attorney, 2006 set records for new criminal cases. Violent crimes have risen 17% and property crimes 10%. Leslie Stuckey, 2905 Sugar Maple Drive, Phone; 301-6885, spoke re Law to protect children from search. Her six year old daughter was searched concerning the possibility of stolen candy by an employee in the Sweet Tooth Candy Factory This is a State Code violation and has been brought to the attention of the Governor and her General Assembly representatives. Her legal appeal to the Court was not satisfactory to Ms. Stuckey Peggy Britt, 620 Baker Road, represented the Newtown Cultural Center, wished to relinquish time to Reverend Joe Flores. Many others are here to support the issues. Reverend Flores is "stuck in traffic" but on his way. Vice Mayor Jones advised Reverend Flores operates afacility on Newtown Road, consisting of a combination of Church services and a Youth Program, which is in need offunding. Vice Mayor Jones referred Reverend Flores to Andy Friedman - Director, Housing and Neighborhood Preservation. The City Manager shall contact Reverend Flores. Reverend Flores shall provide information for City Council's packages. Reverend Joe Flores, Pastor - Newtown Cultural Center, 620 Baker Road, Phone: 456-2007, did not arrive prior to adjournment February 6, 2007