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HomeMy WebLinkAboutJULY 17, 2007 MINUTES CITY OF VIRGINIA BEACH "COMMUNITY FOR A LIFETIME" CITY COUNCIL MA YOR MEYERA E. OBERNDOR}~ At-Large VICE MAYOR LOUIS R. JONES, Bayside - District 4 WILLIAM R. DeSTEPH, At-Large HARRY E. DIEZEL, Kempsville - District 2 ROBERT M. DYER" Centerville - District! BARBARA M. HENLEY, Princess Anne - District 7 REBA S. McCLANAN, Rose Hall - District 3 JOHN E. UHRIN, Beach - District 6 RON A. VILLANUEVA, At-Large ROSEMARY WILSON, At-Large JAMES L. WOOD, Lynnhaven -District 5 CITY COUNCIL AGENDA CITY HALL BUILDING 2401 COURTHOUSE DRIVE VIRGINIA BEACH, VIRGINIA 23456-8005 PHONE: (757) 385-4303 FAX (757) 385-5669 E-MAIL: Ctycncl@vbgov.com CITY MANAGER - JAMES K. SPORE CITY ATTORNEY - LESLIE L. LILLEY CITY CLERK - RUTH HODGES FRASER, MMC 17 JULY 2007 I. STRATEGIC GROWTH AREAS TOUR - Economic Development Conference Room- AREAS 3 and 4 - Newtown Road and Pembroke -Tour- 12:00 PM 1:00 PM II. CITY MANAGER'S BRIEFING -Economic Development Conference Room- 2:00 PM A. "SHAPING OUR COMMUNITY" A Blueprint for Implementing the City's Comprehensive Plan III. CITY COUNCIL COMMENTS - Conference Room - City Hall 3:30 PM IV. REVIEW OF AGENDA V. INFORMAL SESSION 4:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. ROLL CALL OF CITY COUNCIL C. RECESS TO CLOSED SESSION VI. FORMAL SESSION - Council Chamber - 6:00 PM A. CALL TO ORDER - Mayor Meyera E. Obemdorf B. INVOCATION: Captain Al Hill, USN Chaplain, Naval Personnel Development Command 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 July 10, 2007 G. AGENDA FOR FORMAL SESSION H. PRESENTATION 1. ENVIRONMENTAL ACHIEVEMENT AWARD - "Lynnhaven River Now" William C. Baker, President, Chesapeake Bay Foundation I. CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolution to ENDORSE participation with the Hampton Roads Transportation District Commission (HRTDC) re upgrade and replacement of the VB Wave Trolleys 2. Resolution to REQUEST the Community Medical Advisory Commission prepare, by August 21, 2007, recommendations on Certificates of Public Need submitted by Bon Secours and Sentara for proposed hospital facilities within the City of Virginia Beach 3. Resolutions to REQUEST the Virginia Beach Development Authority (VBDA) explore potential development: a. The Dome Site b. A Convention Center Hotel 4. Ordinance to AMEND Chapter 34 ofthe City Code re requirement for lifeguards at "public" swimming pools to provide a variance for condominium pools and DEFINE pools by "Type" 5. Ordinance to AUTHORIZE modifications to the Town Center Phase III project documents and acquisition of Block II property (Beacon Building) 6. Ordinance to AUTHORIZE execution of a one-year lease with Tidewater Regional Group Home Commission (TRGHC) of City-owned land at 2293 Lynnhaven Parkway DISTRICT 1 - CENTERVILLE 7. Ordinances to TRANSFER, ACCEPT and APPROPRIATE: a. $4,000,000 between various capital projects to AMEND the adopted School's FY 2007- 08 Biennial Resource Management Plan from which they were inadvertently omitted b. $450,000 from the United States Department of Homeland Security, under the 2007 Port Security Grant Program to the Police Department re purchase of two patrol boats and a trailer c. $45,000 from the United States Department of Homeland Security to continue the Citizen Corps Council (CCC) and the Community Emergency Response Team (CERT) for year five d. $233,000 re renovation of old holding cells and installation of a fire suppression system in the Public Safety Building e. $137,000 from the Oyster Heritage Trust Fund re construction of oyster reefs and continue the Oyster Shell Recycling program in the Lynnhaven Watershed f. $38,521 from the Virginia Aquarium and Marine Science Center Foundation re funding of a full-time Exhibits Technician I to act as a Records Registrar for the live animals and non-living objects at no cost to the City K. PLANNING 1. Applications of VIRGINIA BEACH CITY PUBLIC SCHOOLS (VBSPC) for the discontinuance, closure and abandonment of the following portions of streets: DISTRICT 6 - BEACH a. 25th Street west of Cypress A venue b. Parks Avenue at 24th Street and 25th Street c. Alleys on the east of Parks Avenue, north of 24th Street and south of 25th Street d. Alleys east of Cypress Avenue, west of Mediterranean Avenue, east of Cypress Avenue, north of 24th Street, south of 25th Street RECOMMENDATION STAFF RECOMMENDATION APPROV AL INDEFINITE DEFERRAL 2. Application of UNION BAPTIST CHURCH for a Modification of Conditions of a Conditional Use Permit (approved by City Council on October 17, 1995 and modified on March 22, 2005) re addition of a sanctuary instead of a multi-purpose center on the north side of the existing structure at 4608 South Boulevard DISTRICT 3 - ROSE HALL RECOMMENDATION APPROV AL 3. Application of NEW BEGINNINGS OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at 1409-B Lynnhaven Parkway DISTRICT 3 - ROSE HALL RECOMMENDATION APPROV AL 4. Ordinances to AMEND the City Zoning Ordinance (CZO): a. SSIII, 203, 211, 230, 401, 403,501,601,801,901,1001,1125,1511,1521 and 1531 re combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the Zoning Districts where they are allowed and DEFINING Storefront Religious Uses and making them permitted uses in the B-2 Business District b. SS234, 401,501,601,901,1511,1521 and 1531 re Home Occupations to exclude the sale, service or repair of firearms and DELETING radio or television repair shops as an excluded use RECOMMENDATION APPROV AL L. UNFINISHED BUSINESS M. APPOINTMENTS BOARD OF ZONING APPEALS COMMUNITY MEDICAL ADVISORY COMMISSION DEVELOPMENT AUTHORITY (VBDA) P ARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD N. NEW BUSINESS O. ADJOURNMENT CITYWIDE TOWN MEETINGS September 18 Time and Location to be Announced FY 2008-2010 Budget November 20 Location to be Announced -7:15 pm Swrmwa~rPfflnsandFunmng CITY COUNCIL SUMMER SCHEDULE August 3-4 Semi-Annual Retreat - Convention Center August 7 August 14 Cancelled Briefings, Informal, Formal, including Planning items August 21 Briefings, Informal, Formal August 28 Briefings, Informal, Formal, including Planning items ********* If you are physically disabled or visually impaired and need assistance at this meeting, please calI the CITY CLERK'S OFFICE at 385-4303 * * * * * * * * * * * Agenda 7/17/07st www.vbgov.com - 1 - MINUTES VIRGINIA BEACH CITY COUNCIL Virginia Beach, Virginia July 17, 2007 Following the STRATEGIC GROWTH AREAS TOUR, Areas 3 and 4 - Newtown Road and Pembroke, at 1:00 P.M, Mayor Meyera E. Oberndorf called to order the City Manager's Briefing re "SHAPING OUR COMMUNITY", in the Economic Development Conference Room, Town Center, on Tuesday, July 17, 2007, at 2:07 P.M Council Members Present: Robert M Dyer, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Rosemary Wilson and James L. Wood Council Members Absent: William R. "Bill" DeSteph [Family Vacation) Harry E. Diezel [Entered: 3:30 P.M - City Council Conference Room, he was sponsoring a Charity Event for a friend critically ill in the hospital] Reba S. McClanan [Entered: 3:30 P.M - City Council Conference Room, unable to attend tour) Ron A. Villanueva [Entered: 3:30 P.M - City Council Conference Room, unable to attend tour) July 17, 2007 - 2 - C IT Y MANA G E R 'S B R IE FIN G "SHAPING OUR COMMUNITY" 2:07 P.M. ITEM # 56630 The City Manager advised the Strategic Growth Areas Tour indicated the opportunities available "Shaping our Community" relates to turning the vision capsulated in the ADOPTED 2003 Comprehensive Plan into reality. In November 2006, Don Maxwell, Director - Economic Development and Bob Scott, Director - Planning ---presented an update on the their progress for a strategy---since that time---our team of professionals, Chaired by Jim Ricketts, Director - Convention and Visitors Bureau, has taken this project to a new level. The City's group of professionals examined the twelve (12) Strategic Growth Areas in the Comprehensive Plan---exploring the current realities of each area, and then examining potential futures based on the Comp Plan Guidelines. What will be seen today is an outline to move the city into the future. Today's subject is about past successes, present realities and the potential for shaping Virginia Beach. As each area is described, staff will have some suggested strategies. Jim Ricketts, Director - Convention and Visitors Bureau, welcomed the City Council to the presentation entitled "Shaping Our Community". A diverse team, the Economic Vitality Strategic Issue Team, composed of City staff members, has been working for the past eight (8) months on a strategy to implement the Comprehensive Plan that will allow the Virginia Beach community to continue to grow--- even though developable land is scarce. Key points today are: The City wishes to maximize the private sector investment and initiative. Public Voices on Redevelopment assisted the group to understand the importance of public input, and today's presentation is to outline the method in which the City proposes to partner in shaping the community. This Plan involves citizens in the process. When this process began, the City Council's desired outcomes from the last workshop were used to guide the work. The following questions were asked: "How do we maximize the potential of available landfor economic development purposes? How do we offer the diverse living choices required by our citizens in the future? How can we retain our beautiful natural settings and resources? How will Virginia Beach become a First Class Resort? " Today, the dialogue will commence to share the process for shaping the Virginia Beach community and answer these questions---as the twelve (12) Strategic Growth Areas of the Comprehensive Plan are considered. Mr. Ricketts cited the many members involved in the process. Lee Pittman was the Facilitator, guiding the team through the process to this particular point. Economic Vitality Team Jim Ricketts, Team Leader Convention and Visitors Bureau Chuck Applebach, Media and Communications David Bradley, Economic Development Gary Fentress, City Attorney Barry Frankenfield, Parks and Recreation Andy Friedman, Housing & Neighborhood Pat Konopnicki, VB City Schools Karen Lasley, Planning Bob Matthias, City Manager's Office Bob Montague, Public Utilities Patricia Phillips, Finance Bob Scott, Planning July 17, 2007 - 3 - CITY MANA GER 'S BRIEFING "SHAPING OUR COMMUNITY" ITEM # 56630 (Continued) Facilitators Recorders and Support Nicki Adams, Convention & Visitors Bureau Cynthia Spanoulis, Economic Development Mary Luskey Olivia O'Bry Brande Rumpf Expanded Economic Vitality Team Phil Davenport, Public Works Mary Hancock, Media and Communications Rob H udome, Economic Development Lanitha Hudson, Housing and Neighborhood Preservation Jim Lawson, Public Works Tom Pauls, Planning Jack Whitney, Planning/Agriculture Tom Pauls, Comprehensive Planner, advised the purpose of this Economic Vitality Team Initiative is to present strategies and approaches for implementing the Comprehensive Plan. Maintaining, vitalizing and developing community wealth and resources for the long term begins with City Council's Vision of Virginia Beach as a Community for a Lifetime. .. Virginia Beach is the Leading City in Virginia .. Virginia Beach is a community with diverse, distinctive neighborhoods, a diverse local economy, diverse living choices and an effective transportation system .. Our people enjoy great schools and places to have fun .. Virginia Beach has beautiful natural setting and resources, first class resort and a vibrant Town Center The Comprehensive Plan A Blueprintfor Achieving the City's Vision The current success of Virginia Beach did not happen by accident. It was achieved by successfully meeting the challenges of the time and those that wereforeseenfor thefuture. Each of the City'sfive Comprehensive Plans in 1979, 1986, 1991, 1997, and 2003 achieved its major objective by: .. Valuing the benefits of long range planning over short term rewards .. Laying out agendas for action .. Implementing them July 17, 2007 - 4 - CITY MANA GER 'S BRIEFING uSHAPING OUR COMMUNITY" ITEM # 56630 (Continued) Mr. Pauls advised the 2003 Comprehensive Plan: Five (5) Building Blocks Economic Vitality: one of the most powerful forces driving the success of our City Diversity: broad appeal for people of all ages and cultural backgrounds Adequate public services and facilities that satisfy the needs of our citizens A City of physical beauty with great outdoors appeal A City of healthy, strong neighborhoods The purpose of this Economic Vitality Team Initiative is to present strategies and approaches for implementing the Comprehensive Plan - (Turning the Blueprint into Reality). Mr. Pauls displayed thee (3) maps indicating the Comprehensive Plan's Growth Strategy. The challenge is to provide opportunities for continued economic growth; prevent urban sprawl; protect our established residential neighborhoods and rural areas; and, maximize infrastructure efficiency. The Comprehensive Plan's Strategic Growth Areas are designed to absorb most of the City's future growth. . They integrate a diverse cluster of attractive, more compact but compatible uses of land: office, retail, service, hotel and residential (where appropriate). ,. They afford greater use of alternative transportation systems. A Continuum of Shaping Our Community ,. Past Shaping Successes . Present Realities and Opportunities . Two Examples of Potential for Future Shaping David Bradley, Interim Director - Economic Development cited the Strategic Growth Areas. Comprehensive Plan's Growth Strategy 1. Northampton Blvd. 2. 1-64 South Area 3. Newtown Area 4. Pembroke Area 5. North Rosemont Area 6. North London Bridge Rd. Area 7. Hilltop/North Ocean a 8. East Ocean a Area 9. West Ocean a Area 10. South Oceana Area 11. West Holland Area 12. Princess Anne Commons Area 13. Oceanfront Resort Area (Honorary Strategic Growth Area) July 17, 2007 - 5 - C IT Y MANA G E R 'S B R IE FIN G "SHAPING OUR COMMUNITY" ITEM # 56630 (Continued) Past Shaping Successes ., Lake Ridge/Princess Anne Commons . Atlantic Avenue and Hurricane Protection Project ., PembrokelTown Center Photographs of Lake Ridge 1993 and today (Princess Anne Commons 2007) were displayed Princess Anne Commons 2007 . "Lake Ri(ige" Area . "Old" PA Park . Schools . Farmers Market . Amphitheater . P A Athletic Complex · U. S. Field Hockey . Parks & Landscape Services Office . VB National & First Tee Golf Facilities · Sportsplex . ATC & Higher Ed Center . LifeNet Health & Sentara Complex Why is Princess Anne Commons a Success? . Vision & Decision ..., Council commitment to develop and achieve a common vision ..., Public support for the vision ., Resources: City Ownership & Control of the Property ., Planning & Implementation ..,. Development of a master plan to achieve the vision ..., Commitment to specific projects that fit the Master Plan, including major infrastructure additions and improvements Various "before and after" photographs of Atlantic Avenue were displayed July 17, 2007 - 6 - C IT Y MANA G E R 'S B R IE FIN G "SHAPING OUR COMMUNITY" ITEM # 56630 (Continued) Why is Atlantic Avenue/Hurricane Protection Project a Success? .. Vision .... Council commitment to achieve a common vision .... Public support for the vision .. Resources .... Council's dedication of City funding the project .... Availability of Federalfunding .. Implementation .... Dedicated project management by the City's Resort Programs office Various photographs were displayed, entitled "Pembroke 1996", "What Pembroke Might Have Become" and "Town Center Today". By right, "big boxes" could have been established in the place of Town Center. Why is Town Center a Success? .. Vision and Decision: Council's long-term commitment to achieve a common vision of a Central Business District since 1973 .. Resources: One major land owner of undeveloped land .. Investment: $350-MILLION Private and $84.1-MILLION Public .. Planning & Implementation .... Development of a Master Plan to achieve the vision .... Commitment to specific projects that fit the Master Plan, including major infrastructure additions and improvements .... Dedicated project management by City staff Current Realities .. Virginia Beach is a maturing city .. Long-term sustain ability depends on growth .. Growth is limited south of the Green Line .. Undeveloped land is scarce north of the Green Line .. Growth isfurther restricted by the Ocean a Land Use Conformity Plan .. Strategic Growth Areas are the most appropriate and effective places to absorb most future growth July 17, 2007 - 7 - C IT Y MANA G E R 'S B R IE FIN G "SHAPING OUR COMMUNITY" ITEM # 56630 (Continued) Jack Whitney, Interim Director - Planning, referenced the unique confluence of opportunities Unique Confluence of Opportunities .. Learningfrom Public Voices in 2005-2006 " Economic Vitality Team's Shaping Our Community initiative in 2007 .. Council's goal setting workshop in August 2007 .. FY 2009-2010 Biennial Operating Budget and CIP process in 2007-2008 .. Community Visioning in 2007-2008 .. Comprehensive Plan revision and process in 2008 Potential for Future Shaping " Pembroke Area/Town Center (Strategic Growth Area #4) " Hilltop/North Ocean a Area (Strategic Growth Area #7) Photographs depicting these areas were displayed. Potential for Shaping Imagine... " Town Center is recognized as a regional hub of office, retail, governmental, cultural, recreational and residential activity .. Strategically located approximately 11 miles from downtown Norfolk to the west and the Oceanfront to the east, it has easy access by mass transit and by automobile .. This Strategic Growth Area is a vital part of the City's economic engine as a key provider of jobs and tax revenues and is a major contributor to the quality of life of the Community " There is a distinctive character and flavor that unifies the core and surrounding areas throughout this and adjacent SGAs " Plazas, parks, courtyards and malls provide quality urban open space within the core. Thalia Creek and its wetlands are protected and provide a beautiful, accessible natural environment and recreational opportunities " Residents, and visitors alike, are enabled and encouraged to experience Town Center on foot by a pedestrian-friendly circulation system throughout the core area and linking it to the Transition Areas July 17, 2007 - 8 - C IT Y MANA G E R 'S B R IE FIN G "SHAPING OUR COMMUNITY" ITEM # 56630 (Continued) Possible Strategies and Approaches '" Continue to shape the Central Business District core and surrounding area in accordance with the Virginia Beach Central Business District Master Plan . Continue to focus available investment and planning energy in the CBD core area and don't let it dissipate beyond what the City is capable of shaping effectively .. Then, progressively shape the surrounding areas outward from the core as compatible opportunities emerge Update the 1991 Central Business District Master Plan to include: .. Tailored design standards for areas of potential CBD expansion around the core .. Guidelines for pedestrian circulation improvements: walkways, above grade overpasses and shuttles '" A circulation plan to include multi-modal transportation systems .. Protection and integration of surrounding natural amenities .. Be flexible and prepared to take advantage of emerging proposals by the private sector and emerging land availability '" Explore opportunities to do aspirational zoning with mandatory design standards .. Relocate underperforming and incompatible uses to the AICUZ area of the City through the Ocean a Land Use Conformity program '" Protect bordering neighborhoods through careful planning '" Preserve and enhance Thalia Creek as a natural resource and as an amenity complementary with the CBD. Coordinate ongoing Parks and Recreation Thalia Creek and Public Works Constitution Drive development with revitalization efforts .. Secure the land in the southern part of Town Center along Independence Blvd needed to establish a Town Center mass transit station Maps and photographs of Hilltop North Shopping Center and Laskin Road near Village Drive looking east, Donna Drive and the K-Mart site were displayed. Current Character of Strategic Growth Area (SGA) #7 '" This is a high volume commercial area with some high quality uses and some that are incongruous '" Retail areas have uncoordinated architecture, access, landscaping, signage and other aesthetics .. A K-Mart anchored shopping center along with many buildings on separate lots are located south of Laskin Road adjacent to 1-264 .. North of 1-264 is in a high noise zone. South of 1-264 is in an accident potential zone July 17, 2007 - 9 - C IT Y MANA G E R 'S B R IE FIN G "SHAPING OUR COMMUNITY" ITEM # 56630 (Continued) Potential for Shaping Imagine... ., Hilltop is a unique destination for residents and visitors as well as a great place to work .. The Hilltop shopping area is "branded" as a destination for high quality shopping for residents and visitors alike ., The area boasts high quality office complexes, open spaces and adjoining walkways ., You can take a five minute tram or car ride to and from the Oceanfront along the well lit, beautifully landscaped Laskin Road "parkway" with adjoining bike and pedestrian trails ., A minibus decorated with the Hilltop theme colors shuttles residents and visitors the short distance to and from all quadrants of this area to the mass transit station which connects them to Norfolk and the Oceanfront and area stops in between ., You can easily find your way around and locate stores with the help of attractive, uniformly themed signs. Store facades are attractive and complementary Potential for Shaping Imagine... .. Themed entertainment, movie theatres and high quality restaurants "where the locals like to eat" attract a large evening attendance from residents and Oceanfront visitors .. Throughout Hilltop, you can safely walk from place to place on lush tree-lined and lighted walkways and stop to enjoy the network of public spaces reserved for pedestrians to eat or to sit and relax Possible Strategies and Approaches .. Develop a Master Plan to study complementary development alternatives for Hilltop and the Laskin Road corridor to the Oceanfront and to establish mandatory design standards for development and renovation ., Work closely with members of the local retail and other businesses to develop an effective long- term marketing strategy which: ., sustains Hilltop's reputation as a regional destination for quality retail. " complements the Oceanfront as another unique place for visitors to shop and play. ., Ensure that improvements of Laskin Road and First Colonial Road complement Hilltop land use .. Take advantage of emerging opportunities to facilitate purchase of land sites which enable desired shaping .. Secure the land required to establish a mass transit station for the Hilltop SGA July 17, 2007 - 10- C IT Y MANA G E R'S B R IE FIN G "SHAPING OUR COMMUNITY" ITEM # 56630 (Continued) Chuck Applebach, Media and Communications, advised "Partnering to Shape our Community" includes a new and improved public process. During the Public Voices process, the citizens' comments were heard. This partnering has been synopsized into a one-page handout (which is hereby made a part of the record). Key Points applicable to Planning Participants insisted upon an institutionalized on-going role in the planning process for citizens Committees or commissions should be formed at the neighborhood level to consider local projects and identify development needs and funding priorities. Related to this is a request to educate citizens on the process and impacts of proposed projects. The active partnership of citizens, business, government, military and others, is an absolute requirement for the creation of a vision or plan for community development. The role of government in the process of community development is to convene and manage an open and transparent process, provide professional expertise, identify the zoning and other requirements to implement the development plan and then implement and protect the plan Citizens should be involved early in the decision making process Fundamental Citizen Values Citizens connected property rights to redevelopment in nearly all of the Public Voices forums. Community development should significantly contribute to the ability of nearby uses and neighborhoods to prosper, to be more in keeping with market conditions and that regeneration will provide positive benefits for the City, the property owner, nearby residents and affected business operators. Many citizens expressed a narrow view of redevelopment. They saw it as demolition and reconstruction - often to the detriment of citizens Lanitha Hudson, Housing and Neighborhood Preservation, further reiterated on the Citizen Concerns and the Plan to involve citizens re Partnering to Shape our Community. Follow the basic tenet of Public Voices on Redevelopment - City convenes and supports citizens to generate direction and goals (in this case, more specific than the Comprehensive Plan) and get a sense of preferences regarding the City's role (intervention tools/levels of investment) in stimulating private sector to achieve goals, if any. Convene a relatively short community process with all interested parties, including business interests and neighborhoods within or having interest in the area. Begin with an evening orientation meeting where the City staff would define parameters of this process, discuss the development tools available in broad terms and review the benefit potential for surrounding neighborhoods and the City at large. The City Staff's presentation during this session should reflect an understanding of the other fundamental values expressed by the citizens in Public Voices. July 17, 2007 - 11 - C IT Y MANA G E R 'S B R IE FIN G "SHAPING OUR COMMUNITY" ITEM # 56630 (Continued) Conduct a Saturday morning tour with photo opportunities to survey current land use, appropriate and inappropriate, in the area. One or more evening meetings to discuss citizen preferences and react to City's preliminary alternatives regarding land uses, development patterns, planned or possible transportation improvements, public space possibilities and other related elements, all with some graphic aids. This is the "What do we - the City and the Community - want to see happen here" piece, starting from "we" the City and moving toward "we" together. Discussions should include potential relocation plans for consideration and how Workforce Housing goals can be aspects of shaping the community. Group discussion should also touch on the other principal concerns surfaced in the Public Voices on Redevelopment process, including the desire for mixed use, density levels, how architectural guidelines might be used, pedestrian friendliness, how to incorporate natural areas, impacts on schools, opportunity for bringing good jobs and impacts on public safety and utility services The collected input would be returned to process participants and forwarded to the appropriate responsible party on City staff for review and implementation. Implementation would include the publication of an illustrated goals printed graphic along the lines of the Princess Anne Commons example (hereby made a part of the record). Mary Hancock, Media and Communications, advised observations indicate many of the World's problems can be linked to failures in communication. How We Communicate a Plan Newsletters can assist a neighborhood stay up to-date on what is happening in the area An illustrated brochure depicting the development plan for the specific area would show residents, business owners and media a vision Incorporating a web site element will ensure immediate, broad-based access to the latest information on the project. Media could access the latest information on the project and residents would appreciate the "24/7"just in time advantages of an Internet component. Appointing a task force from the neighborhoods to serve as contacts on the plan helps manage communication more effectively. This would include representatives from both the residential and business communities involved. Identifying community and business opinion leaders, enlisting their support and inviting them to take an active role on the taskforce will ensure the community's interests are well represented in the plan Providing assistance with media relations, if wanted/needed, would help task force members manage inquires effectively Helping task force members write and distribute letters re progress and soliciting input will help the neighborhood and business community stay well informed. Developing an information kit for media and the community will help represent and communicate information effectively. The kit could include a fact sheet, graphic representation of the plan and information on the overall development vision for the City with contact names and numbers. July 17, 2007 - 12 - C IT Y MANA G E R 'S B R IE FIN G "SHAPING OUR COMMUNITY" ITEM # 56630 (Continued) Jack Whitney, Interim Director - Planning, summarized: Overarching Strategies and Approaches . Understand all strategic growth areas, their potential and their interrelationships. Then: ... Take deliberate shaping action where appropriate ... Be prepared to take advantage of emerging opportunities, including proposals by the private sector . Overlay mass transit and other key transportation and circulation corridors over the Strategic Growth Areas as key levers for shaping Take an aspirational approach to shaping our community by establishing design standards and master plans and proactively zone where appropriate to incentivize desired commercial, industrial and resort development Effectively engage citizens by: ... Consistently employing a deliberate process when planning, communicating and implementing shaping initiatives in the SGAs ... Developing a neighborhood planning process as part of the 2008 Comprehensive Planning process Where Do We Go From Here? . Throughout the next year, as part of the comprehensive planning process, we will bring you: . An updated long-term integrated blueprint for shaping our community, including implementation plans for shaping each of the Strategic Growth Areas and the Resort Area . We will develop and implement plans in partnership with the Virginia Beach Community using the communicating and partnering approaches we have just described The City Manager advised that a critical point has been reached in the evolution of the City of Virginia Beach. There are common themes behind the City's great successes (Lake Ridge/Princess Anne Commons, Atlantic Avenue/Hurricane Protection Project and Pembroke/Town Center). That model should be taken to the next level. The Strategic Growth Areas should be closely reviewed. A Master Plan and vision should be developed for each in order to realize their potential as exhibited by Town Center. It is the City's job to "lead the change" in the manner requested by the community, not "react to change ". The City Manager expressed appreciation to the Economic Vitality Teamfor their dedicated efforts. City Council RECESSED 3: 15 P.M. to return to the City Council Conference Room, City Hall for the remainder of the City Council Session. July 17,2007 - 13 - Mayor Meyera E. Oberndorf called to order the City Council's Review of the Agenda in the City Council Conference Room, City Hall, on Tuesday, July J 7 2007, at 4:05 P.M Council Members Present: 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: William R. "Bill" DeSteph [Family Vacation] July J 7, 2007 - 14 - AGE N DA REV I E W S E S S ION 4:05 P.M. ITEM # 56631 J.l. Resolution to ENDORSE participation with the Hampton Roads Transportation District Commission (HRTDC) re upgrade and replacement of the VB Wave Trolleys Council Lady McClanan referenced many citizen calls and e-mails concerning this item. Council Lady McClanan did concur with the fuel efficiency. Council Lady McClanan inquired re keeping two or three of the trolleys at the Oceanfront. Mayor Fraim, City of Norfolk, has also indicated his concerns re losing the uniqueness of their trolleys. Michael Perry, Vice President, Operations - Hampton Roads Transit, advised re the cleanliness of the existing trolleys. The trolleys utilize smaller diesel engines than the standard forty-foot bus and, therefore, do get a better fuel mileage than the larger buses; however, because of the age of the vehicles, there are not any up-to-date Environmental Protection Standards on the cleanliness of the vehicles in terms of emissions. There are not any high tech filters. The idea is to replace these trolleys with the much cleaner hybrid-electric vehicles with filters in place and, therefore, much cleaner vehicles. Trolleys are utilized on other routes beside the Oceanfront. The ability to retain some of the trolleys is an excellent suggestion and steps can be taken to utilize for special events and tours. Mr. Perry advised the initial grant is $5-MILLION to replace the regional fleet, primarily the shuttles in Virginia Beach. $6.1- MILLION is available to replace the NET Vehicles in downtown Norfolk. Funds were also obtained for vehicles in Portsmouth. James Toscano, Vice President, Public Affairs and Communitcation - Hampton Roads Transit, advised all of the traditional vehicle channels are available to make public comment to HRT. Just recently, a strategic planning process, with open public meetings was conducted. E-mail address links, complaint and compliment forms are available on the website. As a result of new software, citizens are being answered in a much shorter time frame. Concerning complaints to the political subdivisions, there are Liaisons to each of the seventeen (17) member Hampton Roads Transportation Commission. A committee system consists of Planning and Operations. A User Citizen Advisory Committee with two (2) appointee:; from Virginia Beach, comprised of citizens, deals with planning and scheduling issues. These issues are fed through HRT's Committee system. Councilman Uhrin advised the Resort Advisory Commission is reviewing the possibility of an "Ocean City" type Tram (an open air vehicle running down the Boardwalk). Councilman Wood advised a Member of the Virginia Beach's City Planning Department is the direct staff-to-staff Liaison. The User Citizen Advisory Committee is comprised of citizens who utilize the bus systems. Henry Ryto, one of the Liaisons, sends detailed reports re the bus routes. Councilman Wood advised Hampton Roads Transit has hired a new Vice President of Planning, who will work specifically on the aforementioned issues. He previously worked with the Washington, D. C. Metropolitan system. Mr. Perry advised more than 95% of the vehicles are equipped with automatic vehicle location satellite driven systems. This will be a major tool in assuring the buses are running on schedule and on route. No plans have been made to turn off this system. More than Y:z of the fleet will have automatic passenger counters. July 17, 2007 - 15 - AGE N DA REV IE W S E S S ION ITEM # 56632 J.2. Resolution to REQUEST the Community Medical Advisory Commission prepare, by August 21,2007, recommendations on Certificates of Public Need submitted by Bon Secours and Sentara for proposed hospital facilities within the City of Virginia Beach Charles Meyer, Chief Operating Officer, advised there is no requirement in the statutes to have City Council review Certificates of Public Need, as both Bon Secours and Sentara are seeking State approval for major hospital reorganizations. The Community Medical Advisory Commission was created August 24, 2004, to advise regarding the provision of medical services in the City, including hospitals, trauma centers, medical campuses, as well as matters affecting the provision of medical services that arise from Certificates of Public Need (CON). The resolution requests the Commission to make recommendations to City Council, based on the Certificate of Public Need criteria set forth in state law, by August 21, 2007. The City Council would benefit from the recommendations of the Commission in determining whether to support one or both of the applications. However, Mr. Meyer is not aware of any specific request from either organization to the City Council for support. Staff has been requested to participate on committees and Mr. Meyer has been advised to be sure City Council's direction is understood Vice Mayor Jones advised the Committee should be balanced and not weighted in favor of anyone entity (Bon Secours and Sentara). Council Lady McClanan also stated anyone who was affiliated or had a potential Conflict of Interest should not take a position or vote. Council Lady McClanan has concerns relative this Resolution. Councilman Villanueva believes this was a great plan and there was an intense lobbying effort in the beginning stages. This next phase should entail even more serious lobbying. The City needs to present more factual arguments to lobby the State to provide a Certificate of Need for either one or the two facilities: Bon Secours and Sentara. There is still the stigma that Virginia Beach does not need a hospital in the Southern region. The City Council should decide as a group. Vice Mayor Jones referenced a list of potential nominees which could be discussed in Closed Session. Council Lady Henley advised she was formerly a Member of the Executive Board for Sentara and the Advisory Board of Trustees, which might be perceived as having a conflict. There is no remuneration involved with serving. July 17, 2007 - 16 - AGE N DA REV IE W S E S S ION ITEM # 56633 J.3 Resolutions to REQUEST the Virginia Beach Development Authority (VBDA) explore potential development: a. The Dome Site b. A Convention Center Hotel Councilman Villanueva requested this concept also be discussed at the City Council Retreat. Council Lady McClanan expressed concern and advised on June 12, 2007, City Council ADOPTED: Ordinance to TRANSFER $150,000 from the FY 2006- 07 TGIF Fund and $150,000 from Various Site Acquisitions to the FY2006-07 Planning and Community Development Operating Budget re the development of the Resort Area Strategic Action Plan Council Lady McClanan inquired re the expense of $300,000 for development of this Resort Area Strategic Action Plan coupled with the additional expense of the development of The Dome Site and the Convention Center Hotel. Councilman Uhrin advised these Resolutions do not reference costs. They are just requesting the Virginia Beach Development Authority seek a qualified development company/operator for an entertainment venue at the "Dome Site" and during its review of proposals, employ professional assistance familiar with the development, financial aspects and the operation of the Resort/Convention Hotel properties re analyzing Public-Private Education Act (P PEA) proposals. This concept was recommended by The Hunter Report to City Council. Since numerous hotel developers are interested in developing a convention center hotel, a competitive process should be initiated to determine the best proposal after the Virginia Beach Development Authority conducts the PPEA Mayor Oberndorf referenced correspondence of July 13, 2007, from the Virginia Beach Vision, Inc., James M Pendergast, Executive Director, in SUPPORT of the Resolutions. Council Lady McClanan shall vote a VERBAL NA Y on this item. July 17, 2007 - 17 - AGE N DA REV I E W S E S S ION ITEM # 56634 J. 4. Ordinance to AMEND Chapter 34 of the City Code re requirement for lifeguards at "public" swimming pools to provide a variance for condominium pools and DEFINE Pools by "Type" The City Attorney advised under the current provisions of City Code Section 34-70, all "public" pools 2,000 square feet in area or larger must have a lifeguard at all times while the pool is open. This is something of a misnomer, as the City Code definition of the term includes many pools that are privately- owned. The City Attorney's office has heard from Cape Henry Condo Association, as well as other Associations. This definition includes pools owned by condominiums, although condominiums are private in nature and their pools are not open to the public. The amendments change the terminology used to describe the types of pool regulated by the ordinance from "public" or "private" to "type 1" and "type 2". The proposed amendments establish a procedure by which condominium pools of up to 3,000 square feet in area may seek a variance from the lifeguard requirement of City Code Section 34-70. In order to obtain such a variance, the condominium association must: (1) control access to the pool area; (2) provide surveillance of the entrance and the pool area when there is no lifeguard present and the pool is open; and, conspicuously post, and distribute to condominium owners, rules prohibiting minors under 16 years of age in the pool area without an adult if there is no lifeguard present; and, post warning signs regarding the absence of a lifeguard. Skip Scanlon, Director of Environmental Health advised this concept is a fair and equitable method to deal with this issue of condominium swimming pools. Council Lady Henley referenced concerns re Cape Henry Towers and the issue of the swimming pool. ITEM # 56635 J.5. Ordinance to AUTHORIZE modifications to the Town Center Phase III project documents and acquisition of Block II property (Beacon Building) The City Attorney advised, after the Agenda "went to print ", there was an amendment. The City Attorney distributed correspondence re the Town Center phase III Project Documents, which is hereby made a part of the record. The revised ordinance serves two purposes: (i) it "cleans up" the language in the ordinance that appears in the July 17, 2007 agenda, and (ii) substitutes at Lines 125-143, an alternative means of financing for the Block 2 exchange. Armada/Hoffler has agreed to provide the total principal amount needed by the Authority to acquire the Block 7 space, to build-out the space, purchase five (5) parking spaces and to make the cash payment to Commonwealth Building Company, Inc. (CBC). That amount totals $5,495,000 and will be made available at no interest cost to the Authority. The funds provided by Armada/Hoffler would be secured by a deed of trust on the Block 2 land and building in favor of Armada/Hoffler. The benefits of this alternative arrangement to Armada/Hoffler are (i) a lower cost financing mechanism and, (ii) no collateral security cost. The benefits to the Authority are (i) a decreased cash-flow cost, and (ii) increased incentive on Armada/Hoffler to purchase Block 2 within thirty-six (36) months of Block 2 Exchange. If Aramda/Hoffler fails to purchase the property, the deed of trust would be released and the Authority would retain title to Block 2. Lou Haddad, Chief Executive Officer - Armada/Hoffler Development, Company. L.L.c., will provide information during the Formal Session. July 17, 2007 - 18 - AGE N DA REV IE W S E S S ION ITEM # 56636 J.6 Ordinance to AUTHORIZE the City Manager to execute a lease of City-owned property at 2293 Lynnhaven Parkway for the term of one (1) year with Tidewater Regional Group Home Commission (TRGHC), to be used as residential housingfor juvenile offenders through a transitional living program. Councilman Wood expressed concerns with the Memorandum of Understanding and the location of a facility this close to a school. There should be very strict controls concerning this lease. Council Lady Wilson had preferred a 6-month lease. Councilman Dyer concurred with the length of the lease and the Memorandum of Understanding and suggested deferral. Deputy Chief James A. Cevera, requested the Council Members advise him of their concerns. Since the Police have been working closely with the Tidewater Regional Group Home, there has only been two (2) minor incidents, a young man driving on a suspended license (the young man no longer resides in the Home), and a young man who "skipped" school at Salem High School (no longer resides in the Home). Monthly meetings with the facility's staff are conducted and regulation has been tightened. There are metal detector sweeps on the outside periodically and the drug dog comes on the inside of the building. Reports are being provided to the Tidewater Regional Group Home. Deputy Chief Cevera advised the Home is needed and the regulations are more stringent than others in the area. Susan Walston, Chief of Staff, advised the one year lease is not renewable. Alternative locations have been reviewed. Linda S. Filippi, Executive Director - Tidewater Regional Group Home Commission, advised the concerns of the community mandate another location be found. The Tidewater Regional Group Home Commission is committed to being in another location by the end of this proposed lease. Concerning funding by the General Assembly, appointments have been scheduled with Delegate Walsh and conversations have been conducted with the Director - Department of Juvenile Justice. Karen Lasley, Zoning Administrator, advised the relocation of this facility would require a Conditional Use Permit . This item shall be DEFERRED, BY CONSENT, until the City Council Session of August 14, 2007. ITEM # 56637 BY CONSENSUS, the following shall compose the CONSENT AGENDA J. RESOLUTIONS/ORDINANCES 1. Resolution to ENDORSE participation with the Hampton Roads Transportation District Commission (HRTDC) re upgrade and replacement of the VB Wave Trolleys 2. Resolution to REQUEST the Community Medical Advisory Commission prepare, by August 21, 2007, recommendations on Certificates of Public Need submitted by Bon Secours and Sentara for proposed hospital facilities within the City of Virginia Beach July 17, 2007 - 19 - AGE N DA REV IE W S E S S ION ITEM # 56637 (Continued) 3. Resolutions to REQUEST the Virginia Beach Development Authority (VBDA) explore potential development: a. The Dome Site b. A Convention Center Hotel 4. Ordinance to AMEND Chapter 34 of the City Code re requirement for lifeguards at "public" swimming pools to provide a variance for condominium pools and DEFINE pools by "Type" 6. Ordinance to A UTHORIZE execution of a one-year lease with Tidewater Regional Group Home Commission (TRGHC) of City-owned land at 2293 Lynnhaven Parkway DISTRICT 1- CENTERVILLE 7. Ordinances to TRANSFER, ACCEPT and APPROPRIATE: a. $4,000,000 between various capital projects to AMEND the adopted School's FY 2007-08 Biennial Resource Management Planfrom which they were inadvertently omitted b. $450,000 from the United States Department of Homeland Security, under the 2007 Port Security Grant Program to the Police Department re purchase of two patrol boats and a trailer c. $45,000 from the United States Department of Homeland Security to continue the Citizen Corps Council (CCC) and the Community Emergency Response Team (CERT) for year jive d. $233,000 re renovation of old holding cells and installation of ajire suppression system in the Public Safety Building e. $137,000 from the Oyster Heritage Trust Fund re construction of oyster reefs and continue the Oyster Shell Recycling program in the Lynnhaven Watershed f. $38,521 from the Virginia Aquarium and Marine Science Center Foundation re funding of a full-time Exhibits Technician I to act as a Records Registrar for the live animals and non-living objects at no cost to the City Item J2 (Community Medical Advisory Commission) will be DEFERRED INDEFINITELY, BY CONSENT. Council Lady Henley will VERBALLY ABSTAIN Council Lady McClanan will vote NAY on Item J3 (Dome Site/Convention Center Hotel) Item J6 (Tidewater Regional Group Home) will be DEFERRED, BY CONSENT, until the City Council Session of August 14, 2007. July 17, 2007 - 20- AGE N DA REV I E W S E S S ION ITEM # 56638 4. Ordinances to AMEND the City Zoning Ordinance (CZO): a. JJ111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 re combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the Zoning Districts where they are allowed and DEFINING Storefront Religious Uses and making them permitted uses in the B-2 Business District b. JJ234, 401, 501, 601, 901,1511,1521 and 1531 re Home Occupations to exclude the sale, service or repair of firearms and DELETING radio or television repair shops as an excluded use Relative Item 4a., Deputy City Attorney William Macali advised correspondence was forwarded referencing the Religious Land Use and Institutionalized Persons Act, which distinguishes between other assembly uses and religious uses. The Federal and State Act does not require City Council grant every Conditional Use Permit for a religious use, but the standards are higher thanfor a "bingo hall". Council Members Henley, McClanan and Wood expressed concern and requested a Briefing be provided. Relative Item 4b, Karen Lasley, Zoning Administrator, advised the amendments will allow radio or television repair (currently excluded) as home occupations and prohibit the sales, services or repair of firearms. Councilman Wood inquired if an applicant possesses a Federal Firearms License could they sell, service or repair firearms as a home occupation? Ms. Lasley advised unless their Conditional Use Permit had been previously approved, in which case the use would be grandfathered, the applicant could not sell firearms. Currently, there are only three (3) of approximately sixty (60) individuals possessing a Federal Firearms License, who also have a Conditional Use Permit. Council Lady Henley requested a memorandum concerning conditional use permits re home occupations. These items will be DEFERRED INDEFINITELY, BY CONSENT. ITEM # 56639 BY CONSENSUS, the following shall compose the PLANNING BY CONSENT AGENDA K. PLANNING 1. Applications of VIRGINIA BEACH CITY PUBLIC SCHOOLS (VBSPC) for the discontinuance, closure and abandonment of the following portions of streets: DISTRICT 6 - BEACH a. 25th Street west of Cypress Avenue b. Parks Avenue at 24th Street and 25th Street c. Alleys on the east of Parks Avenue, north of 24th Street and south of 25th Street d. Alleys east of Cypress Avenue, west of Mediterranean Avenue, east of Cypress Avenue, north of 24th Street, south of 25th Street July 17, 2007 - 21 - AGE N DA REV IE W S E S S ION ITEM # 56639 (Continued) 2. Application of UNION BAPTIST CHURCH for a Modification of Conditions of a Conditional Use Permit (approved by City Council on October 17, 1995 and modified on March 22, 2005) re addition of a sanctuary instead of a multi-purpose center on the north side of the existing structure at 4608 South Boulevard DISTRICT 3 - ROSE HALL 3. Application of NEW BEGINNINGS OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church at 1409-B Lynnhaven Parkway DISTRICT 3 - ROSE HALL 4. Ordinances to AMEND the City Zoning Ordinance (CZO): a. 88111, 203, 211, 230, 401, 403, 501, 601, 801, 901, 1001, 1125, 1511, 1521 and 1531 re combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the Zoning Districts where they are allowed and DEFINING Storefront Religious Uses and making them permitted uses in the B-2 Business District b. 88234,401,501,601,901,1511,1521 and 1531 re Home Occupations to exclude the sale, service or repair offirearms and DELETING radio or television repair shops as an excluded use Item K.1 (VIRGINIA BEACH CITY PUBLIC SCHOOLS) shall be DEFERRED INDEFINITELY, BY CONSENT Item K.4a1b (AMEND CZO) shall be DEFERRED INDEFINITELY, BY CONSENT July 17, 2007 - 22- ITEM # 56640 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 of or interviews of prospective candidates for employment, assignment, appointment, promotion, performance, demotion, salaries, disciplining or resignation of specific public officers, appointees or employees pursuant to Section 2.2-3711 (A}(1) Council Appointments: Boards, Commissions, Committees, Authorities and Agencies Annual Evaluation of Council Appointees PUBLICLY-HELD PROPERTY: Discussion or consideration of the, acquisition, or of the disposition of publicly-held property, where discussion in an open meeting would adversely affect the bargaining position or negotiating strategy of the public body pursuant to Section 2.2-3711 (A}(3). Acquisition/Disposition of Property: Laskin Road Gateway Property Acquisition. Town Center - Block 2 ARP LEGAL MATTERS: Consultation with legal counselor briefings by staff members, consultants, or attorneys pertaining to actual or probable litigation, where such consultation or briefing in an open meeting would adversely affect the negotiating or litigating posture of the public body, or consultation with legal counsel employed or retained by a public body regarding specific legal matters requiring the provision of legal advice by counsel pursuant to Section 2.2-3711 (A}(7). Witchduck Lake Enterprises, Inc. v. City of Virginia Beach Upon motion by Councilman Dyer, seconded by Councilman Uhrin, City Council voted to proceed into CLOSED SESSION (5:30 P.M.). July 17, 2007 - 23 - ITEM # 56640 (Continued) Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph (Closed Session: 5:30 P.M. - 6:00 P.M.) (Dinner: 6:00 P.M. - 6:15 P.M.) July 17, 2007 - 24- FORMAL SESSION VIRGINIA BEACH CITY COUNCIL July 17,2007 6:15 P.M. Mayor Meyera E. Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY COUNCIL in the Council Chamber, City Hall Building, on Tuesday, July 17, 2007, at 6:15P.M Council Members Present: 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: William R. "Bill" DeSteph [Family Vacation) INVOCATION: Captain Al Hill, USN Chaplain, Naval Personnel Development Command PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA Vice Mayor Jones DISCLOSED, for many years, he served on the Board of Directors of Resource Bank. Three (3) years ago, Fulton Financial Corporation ("Fulton Financial") purchased Resource Bank. On March 31, 2007, Vice Mayor Jones retired from the Board of Directors. Although, he is no longer a Board Member, he owns stock in Fulton Financial, and that stock ownership causes him to have a "personal interest" in Fulton Financial. However, due to the size of Fulton Financial and the volume of transactions it handles in any given year, Fulton Financial, or any of the banks that are owned by Fulton Financial, may have an interest in numerous matters in which Vice Mayor Jones has no personal knowledge. In order to ensure his compliance with both the letter and the spirit of the State and Local Government Conflict of Interests Act, it is his practice to thoroughly review the agenda for each meeting of City Council for the purpose of identifying any matters in which he might have an actual or potential conflict. If, during his review, he identifies any matters, Vice Mayor Jones will prepare and file the appropriate disclosure letter to be recorded in the official records of City Council. Vice Mayor Jones regularly makes this disclosure. Vice Mayor Jones' letter of April 10, 2007, is hereby made a part of the record. 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. July 17, 2007 - 25 - FORMAL SESSION VIRGINIA BEACH CITY COUNCIL (Continued) 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. July 17, 2007 - 26 - Item V-E. CERTIFICATION OF CLOSED SESSION ITEM # 56641 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: 10-0 Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 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 #56640, 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. ~,~-..J uth Hodges Fraser, MMC City Clerk July 17, 2007 - 27 - Item V-F.l. MINUTES ITEM # 56642 Upon motion by Council Lady Wilson, seconded by Councilman Dyer, City Council APPROVED the Minutes of the INFORMAL and FORMAL SESSIONS of July 10,2007. Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 - 28 - Item V-G 1. ADOPT AGENDA FOR FORMAL SESSION ITEM 56643 BY CONSENSUS, City Council ADOPTED: AGENDA FOR THE FORMAL SESSION July 17, 2007 - 29- Item V-G.2. PRESENTATION ITEM 56644 ENVIRONMENTAL ACHIEVEMENT AWARD - "Lynnhaven River Now". William C. Baker, President, Chesapeake Bay Foundation, PRESENTED: WILLIAM H. SAVAGE III ENVIRONMENTAL ACHIEVEMENT AWARD TO "LYNNHAVEN RIVER NOW" LAURIE CARROLL SORA BELLA - EXECUTIVE DIRECTOR Members of the Chesapeake Bay Foundation and "Lynnhaven River Now" were in attendance. The award recipient, "Lynn haven River Now", was the unanimous choice of the selection committee because of their tremendous leadership and citizen, as well as local business, support. Precise measurable goals had been established. Broad opportunities were available for community involvement, as well as being partnered with the Chesapeake Bay Foundation. The Lynnhaven River is the only "No Discharge Zone" in Virginia waters. Every school in the City has an exhibit organized and provided by "Lynnhaven River Now". Mr. Baker congratulated the City of Virginia Beach, an absolute stalwart partner with "Lynn haven River Now" since its inception. Laurie Carroll Sorabella ACCEPTED the award with appreciation to City Council, Chesapeake Bay Foundation, members, volunteers and Barry Frankenfield - Parks and Recreation for his dedicated assistance. "Lynnhaven River Now" is to be thankedfor their unselfish and committed efforts to the community. July 17, 2007 - 30 - Item v.J. RESOLUTIONS/ORDINANCES ITEM #56645 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Resolutions/Ordinances 1, 2 (DEFERRED INDEFINITELY), 3, 4, 6 (DEFERRED) and 7 of the CONSENT AGENDA Item J.2 (Community Medical Advisory Commission) was DEFERRED INDEFINITELY, BY CONSENT. Item J.6. Tidewater Regional Group Home Commission) was DEFERRED until the City Council Session of August 14, 2007. Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph Council Lady Henley ABSTAINED on Item J.2 (Community Medical Advisory Commission) and advised formerly being a Member of the Executive Board for Sentara and the Advisory Board of Trustees, which might be perceived as having a conflict. There is no remuneration involved with serving. Council Lady McClanan voted a VERBAL NA Y on Item J.3. (Dome Site/Convention Center Hotel) July 17, 2007 - 31 - Item V.J.l. RESOLUTIONS/ORDINANCES ITEM #56646 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolution to ENDORSE participation with the Hampton Roads Transportation District Commission (HRTDC) re upgrade and replacement of the VB Wave Trolleys Voting: J 0-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July J 7, 2007 1 A RESOLUTION ENDORSING THE CITY'S 2 PARTICIPATION WITH THE TRANSPORATION 3 DISTRICT COMMISSION OF HAMPTON ROADS TO 4 REPLACE AND UPGRADE THE VB WAVE 5 TROLLEYS 6 7 8 WHEREAS, the City of Virginia Beach has provided an Oceanfront mass transit 9 system, known as the "VB Wave," in conjunction with the Transportation District 10 Commission of Hampton Roads ("HRTDC") and its predecessors since the 1980's; and 11 12 WHEREAS, the average age of a VB Wave fleet vehicle is 12.5 years, with vehicles 13 ranging in age from eight (8) to twenty-three (23) years and with an average of 340,000 14 life-to-date miles per vehicle, with only one vehicle having less than 300,000 miles; and 15 16 WHEREAS, these vehicles were rated as medium-duty vehicles having an expected 17 life span of 7 years and 200,000 miles; and 18 19 WHEREAS, having provided over ten (10) million miles of service to Virginia Beach, 20 the VB Wave fleet is in dire need of replacement and upgrading vehicles in order to 21 successfully continue its mission; and 22 23 WHEREAS, HRTDC has proposed a strategy to replace the vehicles in the VB 24 Wave fleet; and 25 26 WHEREAS, such replacement strategy would place the new VB Wave fleet under 27 the same capital replacement program as HRTDC's transit duty bus fleet; and 28 29 WHEREAS, replacement vehicles would be thirty-foot transit duty diesel hybrid- 30 electric shuttles with a longer rated life span; and 31 32 WHEREAS, HRTDC would operate these as part of its new "universal shuttle" 33 service, thereby providing efficiencies in ongoing operating costs to Virginia Beach and all 34 other participating communities in Hampton Roads; and 35 36 WHEREAS, HRTDC and city staff have worked with stakeholder groups at the 37 Oceanfront to develop a consensus and support for this program to replace the aging VB 38 Wave trolley fleet; and 39 40 WHEREAS, at its meeting held June 7, 2007, the Resort Advisory Commission 41 (RAC) voted unanimously to support the effort, with the condition that the RAC have input 42 on the thematic design of the inside and outside of the vehicles; and 43 44 WHEREAS, City Council desires that the annual Transportation Service Plan 45 between the City and HRTDC include provisions for the implementation of the aforesaid 46 universal shuttle service using the replacement vehicles; 47 48 NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF 49 VIRGINIA BEACH, VIRGINIA: 50 51 That Virginia Beach is committed to replacing and upgrading the aging VB Wave 52 trolley fleet through the Transportation District Commission of Hampton Roads' universal 53 shuttle program. 54 55 BE IT FURTHER RESOLVED BY THE COUNCIL OF THE CITY OF VIRGINIA 56 BEACH, VIRGINIA: 57 58 That the City Manager is directed to execute the annual Transportation Service Plan 59 so as to implement the universal shuttle program and begin the replacement of the current 60 VB Wave trolley vehicles. 61 62 Adopted the by the Council of the City of Virginia Beach, Virginia, -1..2thday of 63 Jul v ,2007. 64 APPROVED AS TO CONTENT: CA 10450 R-3 July 6, 2007 APPROVED AS TO LEGAL SUFFICIENCY: 2 VIRGINIA BR~CH Resort Advisory Commission 2101 Parks Avenue, Suite 502 Virginia Beach, Virginia 23451 (757) 385-4800 FAX (757) 422-3666 June 18, 2007 The Honorable Meyera E. Oberndorf and Members of City Council Municipal Center - Building 1 2401 Courthouse Drive Virginia Beach, Virginia 23456 Dear Mayor Oberndorf and Council Members: At its meeting held June 7,2007, the Resort Advisory Commission (RAC) discussed the possibility of Virginia Beach joining HRT's proposed universal shuttle program. The RAC voted unanimously to support the effort, with the condition that the RAC have input on the theming of the inside and outside of the vehicles. We hope City Council will endorse this proposal. If you have any questions or need any additional information, please don't hesitate to contact me at 437-7873. Cordially, ~ Kenneth C. Taylor Chairman Resort Advisory Commission cc: James K. Spore, Virginia Beach City Manager Charlie Meyer, Virginia Beach Chief Operating Officer David Hansen, Virginia Beach Chief of Finance and Technology James B. Ricketts, Conv-ention and Visitors Bureau Director Mike Eason, Resort Administrator RAC Commissioners e Hampton Roads Transit VIRGINIA BEACH - Transportation Services Program FY 2008 Existing/Proposed Route Descriptions EXISTING SERVICES . #1 Granbv Route 1 provides service between downtown Norfolk and Pembroke Mall daily with 15minute frequency during peak periods, and 30, and 60 minute frequencies during the remainder of the day. (4:43am - 2: 15am). . #12 Indian River Route 12 provides daily service between South Norfolk and the Tidewater Community College Virginia Beach Campus (5:48am- 6:45pm). . #15 Crosstown Route 15 provides daily service between the Navy Exchange Mall at Naval Station Norfolk and Robert Hall Boulevard (4:45am - 2:03am). Services frequencies vary between 15 minutes during peak periods, to 30 minutes midday, to 60 minutes evenings and weekends. . #19 Silverleaf Express Route 19 provides express service from the Silverleaf Park and Ride to Naval Station Norfolk during peak hours Monday through Friday. . #20 VirQinia Beach Boulevard Route 20 provides service between downtown Norfolk and the Virginia Beach Oceanfront daily (4:38am - 1 :20am). Service frequency is 15 minutes during peak periods between downtown Norfolk and Pembroke Mall, with 30 minute frequencies east of Pembroke Mall. . #22 Indian River Express Route 22 provides express service between the Greenbrier Mall and Indian River Park and Ride lots and Naval Station Norfolk during peak periods. . #24 Laskin Road Express Route 24 provides express service between Fort Story and downtown Norfolk daily (6:55am - 5:30pm). . #25 Newtown Road Route 25 is a circulator between Military Circle Mall and Tidewater Community College, Virginia Beach Campus. Service frequency is 30 minutes Monday through Friday. . #33 General Booth Boulevard Route 33 provides service between Atlantic Avenue and the Virginia Beach Municipal Center. Service frequency is 60 minutes, Monday through Saturday (6:30am - 7:30pm). . #34 Oceana Tour Route 34 is a seasonal tour of Naval Air Station Oceana (June- September). . #36 Holland Road Route 36 provides service between Pembroke Mall and the Virginia Beach Municipal Center. Service frequency is 60 minutes Monday through Saturday (5:48am - 7: 15pm). . #37 Oceana Route 37 provides service between Naval Air Station Oceana and Lynnhaven Mall. Service frequency is 60 minutes Fridays, Saturdays, and Sundays (10:00am -12:15am). VIRGINIA BEACH TROLLEY . #26 Bowcreek Route 26 provides service between Tidewater Community College and Oceana West Industrial Park Monday through Saturday (6: 16am - 7: 11 pm). Service frequency is 60 minutes. . #27 Northampton Route 27 provides service between Pleasure House Road/Shore Drive and Military Circle Monday through Saturday (6: 15am - 6:41 pm). Service frequency is 60 minutes. . #29 Lvnnhaven Route 29 provides service between Pleasure House Road/Shore Drive and Tidewater Community College Monday through Saturday (6: 15am - 7: 15pm). Service frequency is 60 minutes. . #30 Atlantic Avenue Route 30 provides service along the length of Atlantic Avenue daily from May through October. . #31 Museum Express Route 31 provides service on the southern end of Atlantic Avenue, 5th Street, General Booth Boulevard and Prosperity Road. Service runs Memorial Day through Labor Day. . #32 Lvnnhaven Mall/Shoppers Express Route 32 operates on Atlantic Avenue, 31st Street and Laskin Road to the Shops at Hilltop and Lynnhaven Mall. The service is daily from Memorial Day through Labor Day. . #33 General Booth/Holland Road Route 33 provides service between Atlantic Avenue/68th Street and the Virginia Beach Municipal Center Monday through Saturday (6:30am - 7:30pm). Service frequency is 60 minutes. . Paratransit Service In compliance with Federal Transit Administration (FTA) regulations, Hampton Roads Transit is required to provide complementary paratransit service with .75 of 1 mile on either side of a fixed transit route. Service expansions and other route modifications to fixed route service may impact paratransit service boundaries and associated operating costs. FY 2008 PROPOSED SERVICES . The City of Virginia Beach requested to remain at FY2007 service levels. - 32 - Item V.J.2. RESOLUTIONS/ORDINANCES ITEM #56647 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, INDEFINITELY: City Council DEFERRED Resolution to REQUEST the Community Medical Advisory Commission prepare, by August 21, 2007, recommendations on Certificates of Public Need submitted by Bon Secours and Sentara for proposed hospitalfaGilities within the City of Virginia Beach Voting: 9-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, 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 Abstaining: Barbara M Henley Council Members Absent: William R. "Bill" DeSteph Council Lady Henley ABSTAINED and advised and advised formerly being a Member of the Executive Board for Sentara and the Advisory Board of Trustees, which might be perceived as having a conflict. There is no remuneration involved with serving. July 17, 2007 - 33 - Item v'J.3. RESOLUTIONS/ORDINANCES ITEM #56648 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Resolutions to REQUEST the Virginia Beach Development Authority (VBDA) explore potential development: 14. The Dome Site 15. A Convention Center Hotel Voting: 9-1 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: Reba S. McClanan Council Members Absent: William R. "Bill" DeSteph July 17, 2007 1 A RESOLUTION REQUESTING THE VIRGINIA 2 BEACH DEVELOPMENT AUTHORITY TO EXPLORE 3 THE POTENTIAL DEVELOPMENT OF THE "DOME 4 SITE" FOR THE PURPOSES OF ENHANCING THE 5 RESORT INDUSTRY AND IMPROVING THE 6 ECONOMIC VITALITY OF THE CITY 7 WHEREAS, upon demolition of the City's former conference and entertainment 8 facility the City has operated a parking facility at the site (the "Dome Site") for the interim 9 purpose of providing additional resort area parking but for the primary purpose of 10 reserving the site for a future development that will enhance the resort industry and 11 further the economic vitality of the City; 12 WHEREAS, the City Council believes that the "Dome Site" is a critical link to the 13 continued success of the City's resort industry and further believes that the site will best 14 serve the City and the resort industry as an entertainment venue with some associated 15 mixed use development; 16 WHEREAS, the City Council believes that the type of venue, proposed uses, 17 architecture, quality, creativity and stability of the developer/operator are factors that are 18 vital to the development of a successful venue; 19 WHEREAS, the Virginia Beach Development Authority (the Authority) was 20 established by the Virginia General Assembly to assist the City in preserving, 21 developing and enhancing the economic vitality of the City and the Authority is best 22 authorized, staffed and positioned to assist with this important economic development 23 activity; 24 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 25 OF VIRGINIA BEACH: 26 The City Council requests the Virginia Beach Development Authority to seek a 27 qualified development company/operator for an entertainment venue at the "Dome Site", 28 skilled in the development and operation of entertainment venues and characterized by 29 stability of the company, the quality of operation, and creativity in attractions and 30 sensitivity to the needs of the resort community and local market; 31 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 32 VIRGINIA BEACH: 33 The City Council authorizes the Authority to grant a six (6) month exclusive 34 option to the selected development company/operator to prepare a proposal for 35 consideration by the Authority, focusing on such factors as the type and sustainability of 36 the proposed venue, architecture, compatibility with the City's vision for a successful 37 entertainment venue, and the developer's creativity and sensitivity to the market; 38 AND, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 39 VIRGINIA BEACH: 40 The Authority is requested to work with the City Manager and City Attorney in this 41 endeavor, and to make its recommendations to the City Council; thereafter, the City 42 Council may elect to transfer ownership of the "Dome Site' to the Authority for the 43 purposes of developing an entertainment venue as a key component of the resort 44 industry. 45 Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th 46 day of July ,2007. APPROVED AS TO LEGAL SUFFICIENCY: CA 10459 R-4 July 11, 2007 1 A RESOLUTION REQUESTING THE VIRGINIA 2 BEACH DEVELOPMENT AUTHORITY TO EXPLORE 3 THE POTENTIAL DEVELOPMENT OF A 4 CONVENTION CENTER HOTEL 5 WHEREAS, the City of Virginia Beach has caused to be constructed and is 6 operating a new convention center that enhances and revitalizes the resort industry in 7 the City; and 8 WHEREAS, industry studies and site specific consultant's reports as well as 9 reports of the staff operating the convention center have concluded that the new 10 convention center cannot reach its potential and will thus under perform without the 11 addition of a conference center hotel; and 12 WHEREAS, potential hotel developers have contacted the City of Virginia Beach 13 and the Virginia Beach Development Authority (the Authority) requesting the public 14 bodies consider their proposals for the development of a convention center hotel; and 15 WHEREAS, the City Council anticipates receiving a Public-Private Education Act 16 (PPEA) proposal for a convention center hotel from Harmony Investments, an entity that 17 owns an existing hotel adjacent to the convention center; and 18 WHEREAS, the PPEA process set forth in the state code permits the solicitation 19 of competing proposals and permits the City Council to accept a proposal or reject all 20 proposals; 21 WHEREAS, the City Council believes a competitive process would be in the best 22 interests of the City; and 23 WHEREAS, the Authority was established by the Virginia General Assembly to 24 assist the City in preserving, developing and enhancing the economic vitality of the City 25 and the Authority is best authorized, staffed and positioned to assist with this important 26 economic development activity; 27 WHEREAS, the City Council also believes that professional assistance familiar 28 with the development, financial aspects and operation of resorUconvention hotel 29 properties is needed in analyzing PPEA proposals; 30 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY 31 OF VIRGINIA BEACH: 32 The City Council requests the Authority to oversee and conduct a PPEA process 33 for a convention center hotel, analyze the proposals and make recommendations to the 34 City Council. 35 BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF 36 VIRGINIA BEACH: 37 The City Council requests the Authority, in its review of the proposals, to employ 38 professional assistance familiar with the development, financial aspects, and the 39 operation of resort convention hotel properties, and to work with the City Manager and 40 City Attorney in preparing its recommendations for the City Council. 41 Adopted by the City Council of the City of Virginia Beach, Virginia, on this ...1..2th 42 day of July, 2007. APPROVED AS TO LEGAL SUFFICIENCY: ~n:~ Ity Attorney's 0 Ice- ~ CA-10460 R-4 July 11, 2007 - 34 - Item V.J.4. RESOLUTIONS/ORDINANCES ITEM #56649 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinance to AMEND Chapter 34 of the City Code re requirement for lifeguards at "public" swimming pools to provide a variance for condominium pools and DEFINE pools by "Type" Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 1 AN ORDINANCE TO AMEND CHAPTER 34, 2 PERTAINING TO SWIMMING POOLS 3 Sections Amended: SS 34-2, 34-3, 34-4, 34-5, 34-7, 4 34-8,34-10,34-11,34-28,34-29,34-31,34-33,34- 5 34, 34-41, 34-42, 34-43, 34-60, 34-61, 34-62, 34-63, 6 34-68, 34-69, 34-70, 34-71 and 34-72 7 Sections Repealed: SS 34-21 and 34-26 8 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA 9 BEACH, VIRGINIA: 10 That Sections 34-2,34-3,34-4,34-5,34-7,34-8,34-10,34-11, 34-28, 34-29, 34- 11 31,34-33,34-34,34-41,34-42,34-43,34-60,34-61, 34-62, 34-63, 34-68, 34-69, 34-70, 12 34-71 and 34-72 of the City Code are hereby amended and reordained, and Sections 13 34-21 and 34-26 are repealed, to read as follows: 14 15 Chapter 34 SWIMMING POOLS 16 17 ARTICLE I. IN GENERAL 18 19 Sec. 34-1. Title. 20 21 This chapter shall be known and cited as the "Virginia Beach Swimming Pool 22 Ordinance." 23 24 Sec. 34-2. Scope. 25 26 27 28 (b) The provisions of this chapter shall apply to all public Type 2 swimming pools as 29 indicated and defined in section 34-3, including but not limited to commercial pools, 30 public or private school pools, gymnasium pools and health establishment pools. Public 31 Type 2 swimming pools for which building permits are issued subsequent to the 32 effective date of this chapter shall be constructed in accordance with provisions of the 33 Virginia Uniform Statewide Building Code, fire prevention code, the zoning ordinance 34 and this chapter. The administrative authority or authorized agent shall order 35 reasonable changes in any public pool or related facility or in its operation if it finds any 36 condition(s) that endanger the life, health or safety of the users of such public Type 2 37 swimming pools. In considering whether to order such changes, the administrative 38 authority shall consider the magnitude of the danger, cost of the change(s) required, 39 and the requirements imposed by this chapter upon newly constructed public Type 2 40 swimming pools. 1 41 42 (c) Private Type 1 swimming pools shall be constructed in accordance with the provisions of the Virginia Uniform Statewide Building Code and the zoning ordinance. 43 44 45 46 47 48 49 50 51 52 53 54 55 56 57 58 59 60 61 62 63 64 65 66 67 68 69 70 71 72 73 74 75 76 77 78 79 80 81 82 83 84 85 (d) The provisions of the chapter shall apply to all auxiliary structures and equipment provided and maintained in connection with public Type 2 pools, including but not limited to: (1) Locker rooms. (2) Shower rooms. (3) Dressing rooms. (4) Disinfecting equipment. (5) Safety equipment. Sec. 34-3. Definitions. The following definitions shall apply in the interpretation and the enforcement of this chapter. The word "shall" as used herein, indicates a mandatory requirement. Administrative authority: The director of public health or his 3uthorizod agent. his desiqnee. Pool management company: Any person, firm corporation or association contracting to manage or operate two (2) or more public Type 2 swimming pools. Pool permit: a permit issued to the facility by the administrative authority to allow for the operation of the public Type 2 pool. Private Type 1 swimming pool: Any structure that contains water over twenty-four (24) inches (610 mm) in depth and which is used, or intended to be used, for swimming or recreational bathing in connection with an occupancy in residential use group R-3 and which is available only to the family and guests of the householder. This includes residential in-ground, aboveground and on-ground swimming pools, hot tubs and spas. Public pool or public Type 2 swimming pool: Any pool, other than a private ~ ,Lswimming pool. Spa and hot tubs: Public Type 2 pools designed for recreational or quasi- therapeutic use for physiological and psychological relaxation that include but are not limited to: hydrojet circulation, hot water, cold water, mineral baths, air induction systems or any combination of these. 2 86 Sec. 34-4. Plans, construction and inspection. 87 88 89 90 In addition to these regulations, all applicable ordinances, including but not 91 limited to plumbing, building, electrical and zoning shall also apply in the construction, 92 maintenance and operation of all public Type 2 swimming pools. 93 94 Sec. 34-5. License required; fee. 95 (a) No person shall operate a public Type 2 swimming pool unless an annual permit 96 has been secured from the administrative authority of the health department. This 97 permit shall be issued only after approval by the administrative authority, submittal of an 98 inspection report by a state registered electrician, certified by the Department of 99 Professional & Occupational Requlations, on forms approved by the administrative 100 authority, application and payment to the health department of a fee of fifty dollars 101 ($50.00) for seasonal operation (four (4) months or less) and seventy-five dollars 102 ($75.00) for year-round operation. The inspection report shall certify to the health 103 department and the City of Virginia Beach that the public Type 2 swimming pool has 104 been inspected by a registered electrician and there are no electrical defects that could 105 affect the public Type 2 swimming pool's safe operation. The inspection report shall 106 further certify that the public Type 2 swimming pool is in compliance with all applicable 107 electrical codes. The operation and maintenance of any public Type 2 swimming pool in 108 a manner not in accordance with the provisions of this chapter will be justification for 109 cancellation of this permit. 110 111 (b) A public Type 2 swimming pool permit shall be posted in view of the public at the 112 swimming pool involved. 113 114 (c) No public Type 2 swimming pool permit shall be transferable and any person 115 holding such a permit shall give notice in writing, to the administrative authority within 116 twenty-four (24) hours after having sold, transferred, given away or otherwise disposed 117 of his interest in or control of the pool involved. Such notice shall include the name and 118 address of the person succeeding to the ownership or control of such pool. 119 120 121 122 Sec. 34-7. Owner's certificate. 123 124 (a) To secure a pool permit, each public Type 2 pool shall have a person employed 125 who holds a valid operator's certificate issued by a source approved by the 126 administrative authority. This person is the certified pool operator for this facility. 127 Operator's certificate shall be issued only to an individual over the age of sixteen. An 128 applicant for an operator's certificate shall demonstrate basic knowledge of the water 129 treatment process in public Type 2 swimming pools. Presentation of a certificate from a 130 swimming pool operator's training course acceptable to the administrative authority shall 3 131 constitute demonstration of such knowledge. No certified pool operator shall oversee 132 more than one (1) swimminq pool facility per certificate. 133 134 (b) Every public Type 2 pool shall have a person on premises at all times during 135 periods of operation, who is fully capable of and shall assume responsibility for 136 compliance with all requirements relating to pool operation, maintenance and safety of 137 bathers. 138 139 140 (e) No public Type 2 pools shall be used or available for use until all requirements of 141 sections 34-5 and 34-7 are complied with. 142 143 Sec. 34-8. Suspension or Revocation of public Type 2 pool permit. 144 145 (a) If the administrative authority finds that the health and safety of those who utilize 146 a public Type 2 swimming pool is endangered, due to improper operation or continued 147 or flagrant violation, he may order the immediate suspension or revocation of the pool's 148 permit until such time as he finds that the danger no longer exists. No person shall 149 operate any public Type 2 swimming pool when subject to an order of suspension or 150 revocation. 151 152 (b) The administrative authority shall notify the owner, in writing, stating the 153 reason(s) for the suspension or revocation. The owner shall have the right to appeal the 154 suspension or revocation to the administrative authority. However, such appeal shall not 155 affect the order for suspension or revocation until such time that the appeal is heard and 156 the order changed. The owner may request a reinspection when the condition(s) 157 causing the suspension has been corrected. Upon compliance with the requirements of 158 this chapter, the suspension shall be removed. 159 160 (c) Any person aggrieved by the refusal to grant, or by the revocation or suspension 161 of the permit of a swimming pool, shall have the right to appeal therefrom to the circuit 162 court of the City of Virginia Beach after an administrative hearing. 163 164 165 166 Sec. 34-10. Pool management companies; duties. 167 168 All pool management companies, within ten (10) days after commencing 169 operation of a public Type 2 pool, shall provide the administrative authority with the 170 names and locations of all public Type 2 pools they operate in Virginia Beach and the 171 names, telephone numbers and addresses of their operating personnel. Such 172 companies shall be responsible for assuring compliance with sections 34-5 and 34-7 of 173 this chapter. Pool manaqement companies shall not act as the certified pool operator. 174 175 176 177 4 178 Sec. 34-11. Applicability of chapter to existing pools. 179 180 The structural and equipment provisions and requirements of this chapter shall 181 not apply to any public Type? pool constructed prior to the effective date of Ordinance 182 No. 391 from which this chapter was originally derived, except as follows: 183 184 (1) Any alteration, placement or replacement of any equipment shall comply 185 with such requirements. 186 187 (2) The provisions and requirements of this chapter with respect to 188 operational procedures and standards, chemical feeding equipment, flow meters, 189 pressure gauges and lifeguards shall be complied with by all public Type 2 swimming 190 pools, regardless of date of construction. 191 192 (3) The administrative authority may grant modifications to any of the 193 provisions of this chapter which are not under the jurisdiction of the Virginia Uniform 194 Statewide Building Code. 195 196 197 198 ARTICLE II. DESIGN AND CONSTRUCTION 199 200 Sec. 34-21. Location. Reserved. 201 202 The location of a swimming pool shall be in accordance with the provisions of the 203 Virginia Uniform State'Nide Building Code. 204 205 206 207 Sec. 34-26. Shapo. Reserved. 208 209 Pools may be of any dimension or shape, provided that satisfactory recirculation 210 oh~later can be obtained and undue hazards to bathers are absent. 211 212 213 Sec. 34-28. Recirculation systems. 214 215 (a) Filter room. Public Type 2 pools shall be provided with a structure or room to 216 contain the filtration equipment, pumps and other recirculation system appurtenances, 217 and disinfection equipment. The room shall be finished in a light color and be 218 constructed of materials which are impervious to water and chemicals necessary for the 219 operation of the pool. Adequate illumination of twenty (20) footcandles measured 220 twenty-four (24) inches (61 centimeters) above floor level, shall be provided.: 9y-a 221 minimum of two (2) vapor proof lighting fixtures. The floor of the filter room shall be 222 designed to provide for an adequate drainage with a minimum floor slope of 1 :50 and a 223 maximum of 1 :24 to the drain and shall be kept dry, particularly in the vicinity of 5 224 electrical panels. The filter room shall be adequately cross-ventilated and all equipment 225 shall be installed so that it is convenient to operate and repair. Adequate headroom 226 shall be provided above all filters. The provision of any facility for discharging filter 227 backwashing water into the filter room floor is prohibited. The room shall be provided 228 with a door(s) of sufficient width to permit the removal of equipment, and shall be 229 capable of being secured against entry by unauthorized persons. The entrance to the 230 filter room shall be adjacent to the pool area or so located that the operator can enter 231 the room without having to exit the enclosed pool area. 232 233 234 235 (d) Rate of flow indicators. The recirculating system shall be equipped with a rate of 236 flow indicator, which has been approved by the administrative authority-=- , and is located 237 to visibly indicate the rate of flow. The indicator shall read in gallons per minute or liters 238 per minute and shall be located to indicate the rate of flow of filtered water being 239 returned to the pool. The indicator shall be of fixed calibration and properly sized so as 240 to indicate the designed rate of flow at approximately midscale. 241 242 243 244 Sec. 34-29. Piping systems. 245 246 (a) The piping system for public Type 2 pools shall be composed of N.S.F.(National 247 Sanitation Foundation) approved materials or equal, designed for the following 248 operations: 249 250 (1) Filling the pool; 251 252 (2) Washing each filter to waste; 253 254 (3) Recirculating the pool water through the treatment equipment; 255 (4) Backwashing to waste; 256 257 (5) Operating suction cleaner; 258 259 (6) Emptying the pool; and 260 261 (7) Draining the system. 262 263 264 265 Sec. 34-31. Operational safety. 266 267 (a) Pumps, filters and other mechanical and electrical equipment for public Type 2 268 pools shall be enclosed in such a manner accessible only to authorized persons. 6 269 270 271 272 273 274 275 276 277 278 279 280 281 282 283 284 285 286 287 288 289 290 291 292 293 294 295 296 297 298 299 300 301 302 303 304 305 306 307 308 309 310 311 312 313 Construction and drainage shall be such as to avoid the entrance and accumulation of water in the vicinity of the electrical equipment. (b) The crossing of outdoor public Type 2 swimming pools by overhead electrical conductors is prohibited. Sec. 34-33. Pool Lighting. (a) Where public Type 2 pools are to be used after dark, the swimming pool area shall be equipped with lighting fixtures of such number and design as to light all parts of the pool, the water therein, and the entire area. Sec. 34-34. Decks. All fill under decks shall be properly tamped and proper supports shall be provided to prevent decks from settling. Roof runoff or other drainage shall not be wasted onto the deck. All areas surrounding the deck shall have surface drainage directed away from the deck area. Decks shall be free of cracks, poolinq or standinq water and made of non-skid materials. Pool decks shall not create a nuisance or health hazard. Sec. 34-41. Safety and rescue equipment; other safety features. Every public Type 2 swimming pool shall be equipped with the following aids to safety and rescue which shall be readily accessible at all times: (1) One (1) or more safety tubes recommended by the American Red Cross, YMCA or other accredited aqency for lifesavinq personnel, to be used by a certified lifesaver. There may also be available ef lightweight but strong poles with blunted ends, not less than twelve (12) feet (4 meters) in length. (4) A readily-accessible room or area designated and equipped for emergency care of casualties. Minimum equipment shall be an approved first aid kit aM 3 b3ckb03rd meeting Red Cross standards. (6) Approved signs shall be maintained in a legible manner as follows: 7 314 a. Occupant load signs. A sign with clearly legible letters, not less 315 than four (4) inches (10.2 centimeters) high shall be posted in a conspicuous 316 place near the main entrance to a pool which shall indicate the number of 317 occupants permitted for each pool. 318 319 b. Spa/hot tub pool. The occupant capacity of a spa/hot tub pool shall 320 be based on one (1) bather for every ten (10) square feet (1.9 meters2) of pool 321 water surface area. 322 323 c. The occupant capacity of all other pools shall be based on one (1) 324 bather for every twenty-seven (27) square feet (2.50 meters2) of pool water 325 surface area. Exception: Occupant capacity requirements do not apply to wading 326 pools. 327 328 d. Permanent and conspicuous signs shall be posted indicating the 329 most direct route to the pool for emerqency. fire and rescue personnel and 330 vehicles. 331 332 333 334 (11) Fixed and floating platforms in public Type 2 swimming pools shall be 335 constructed with an air space of at least one (1) foot (0.3 meters) between the water 336 surface and the underside of the platform. 337 338 (12) There shall be one (1) elevated lifeguard chair provided for every public 339 pool with a depth of over five (5) feet (1.52 meters) GF and two thousand (2,000) square 340 feet (202.99 meters2) of water surface. An additional chair will be required for each 341 additional one thousand (1,000) square feet (92.8 meters2) of water surface. 342 343 Sec. 34-42. Disinfection equipment. 344 345 (a) Chemical feeding equipment. Means shall be provided for regulating the feeding 346 of chemicals to the water in the recirculation system. The installation and use of 347 mechanical, automatically operated, positive displacement chemical feeders or dye type 348 chemical feeders is required. 349 (b) Chlorinating equipment. All public Type 2 pools shall be provided with approved 350 chlorinating equipment which shall be capable of applying a dose of not less than ten 351 (10) ppm of chlorine within the turnover time. 352 353 354 355 Sec. 34-43. Water heating. 356 357 Indoor public Type 2 pools shall be provided with water heating equipment 358 thermostatically controlled and capable of maintaining the entire pool contents between 359 seventy (70) and eighty-five (85) degrees Fahrenheit (twenty-one (21) degrees 8 360 Centigrade and twenty-nine and forty-eight one hundredths (29.48) degrees 361 Centigrade). All heated pools, spas and hot tubs shall maintain a minimum halogen 362 residual of two (2.0) ppm or mg/I at all times. Spas and hot tubs shall have, on display, a 363 clock and thermometer visible to occupants. Spas and pool water temperature shall not 364 exceed one hundred and four (104) degrees Fahrenheit at any time that is occupied. 365 366 367 368 ARTICLE III. OPERATION 369 370 Sec. 34-60. Conditions and equipment. 371 372 All equipment shall be maintained In satisfactory operating condition during 373 operation of a public Type 2 pool. 374 375 Sec. 34-61. Water supply. 376 377 All public Type 2 pools using well water shall have a satisfactory bacteriological 378 sample taken prior to opening each year. 379 380 Sec. 34-62. Clarity of water. 381 382 When a public Type 2 pool is open and in use, the water shall be sufficiently 383 clear to permit the main drain 3 disc six (6) inches (15.2'1 centimeters) in diameter, 384 divided into alternate bl3ck and 'Nhite segments, and placed on the bottom of the pool at 385 the deepest point, to be clearly visible from the pool deck at all distances up to ten (10) 386 yards (9.14 meters) in 3 horizont31 direction from the projection of the disc on the pool 387 surface. The disc shall be a'l3ilable on promises at all times or m3Y be permanently 388 3ffixed to the bottom of the pool in the deepest area. 389 390 Sec. 34-63. Water treatment. 391 392 (f) The operator or manager of each public Type 2 swimming pool shall maintain 393 and operate all mechanical equipment in a safe and proper manner. 394 395 (i) Protective clothing, i.e., respirators, qoqqles. eye protection. face masks, rubber 396 gloves and aprons or coveralls, shall be provided for personnel handling chlorine 397 chemical compounds and other caustic chemicals. 398 399 400 401 Sec. 34-68. Precautions relative to communicable diseases. 402 403 Any person having an obvious skin disease, nasal or ear discharge, inflamed 404 eyes, or any communicable disease shall be excluded from the public Type 2 swimming 405 facility pool. 9 406 407 Sec. 34-69. Security. 408 409 Public Type 2 swimming pools shall be maintained in a manner which will not 410 create a nuisance or hazard to the public safety and well-being when not in use, and the 411 pool shall be adequately secured against entry by the public in general. 412 413 Sec. 34-70. Lifeguards. 414 415 (a) There shall be at least one (1) lifeguard on duty at all times when the public ~ 416 ~ pool is of two thousand (2,000) square feet (185.79 metors2 square meters) of water 417 surface or more and when open for use. 418 419 (b) Public Type 2 pools which are less than two thousand (2,000) square feet 420 (185.79 metors2 square meters) may be used by adults, or children supervised by 421 adults, without a designated lifeguard, provided it is posted as follows: "WARNING: No 422 lifeguard on duty. Children under the age of fourteen (14) should not be allowed to use 423 a pool without an adult in attendance." 424 425 (c) Any individual retained as a lifeguard for public Type 2 pools of two thousand 426 (2,000) square feet (185.79 meters2 square meters) or more shall possess a current 427 certification for meeting the standard of a lifesaver as recommended by the American 428 Red Cross, YMCA or other accredited agency for lifesaving personnel. 429 430 (d) The ratio of lifeguards to bathers shall be one (1) lifeguard on duty for the first 431 seventy-five (75) bathers and an additional lifeguard for every additional fifty (50) 432 bathers, or fraction thereof. Lifeguards shall wear distinguishing emblems or clothing 433 while on duty. 434 435 (e) Variance procedure for Type 2 condominium pools: Owners of Type 2 436 condominium pools qreater than 2000 square feet and less than 3000 square feet may 437 apply for a variance to the lifequard requirements of this Section. 438 439 (1) Variances to the requirements of this Section may be qranted by the 440 administrative authority where: 441 a. the pool area is access controlled; 442 b. the entrance to and the pool area are under surveillance at all times 443 when the pool is open without a lifequard; 444 c. pool rules, which are distributed to all members of the condominium, 445 state that no minors under the aqe of 16 shall be in the pool area unless 446 accompanied by an adult when no lifequard is provided; and 447 d. there are conspicuously posted leqible siqns that contain the followinq 448 lanquaqe: 449 WARNING: NO LIFEGUARD ON DUTY. 450 MINORS UNDER THE AGE OF 16 ARE NOT ALLOWED TO USE 451 THE POOL UNLESS ACCOMPANIED BY A RESPONSIBLE ADULT. 10 452 453 (2) The application for a variance to the administrative authority shall be on 454 forms provided by the administrative authority and must include: 455 a. a statement reQuestinQ specific times for the variance to apply and the 456 reasons for those times: and 457 b. the reasons why the public health and safety will not be jeopardized if 458 the variance is Qranted. 459 460 (3) Within a reasonable time. not to exceed sixty (60) days from the receipt of 461 a complete written application the administrative authority shall Qrant, deny or 462 Qrant with conditions such variance. The administrative authority shall consider, 463 in addition to the requirements of subdivision (e) (1). the followinQ factors: 464 465 a. Any circumstances unique to the applicant's facility; 466 b. The effects that the variance would have on the health and safety of 467 the public; and 468 c. Any other health and safety factors. as determined by the 469 administrative authority. 470 471 (4) The administrative authority shall notify the applicant in writinQ of the 472 approval of the variance. the effective date of the variance and the conditions 473 attached to the approval of the variance. Failure to comply with the conditions 474 shall result in the immediate revocation of the variance. 475 476 A denial of the variance shall also be in writinQ QivinQ the reasons for the 477 denial. 478 479 (5) Each variance approved shall be conspicuously posted in public view in 480 the pool area. 481 482 (6) Variances expire on October 1 and must be applied for on a yearly basis. 483 484 Sec. 34-71. Laundering. 485 486 Bathing suits. towels and other reusable cloth materials furnished by a public 487 Type 2 pool shall be properly laundered so as to be sanitary before being issued to 488 bathers. 489 490 Sec. 34-72. Animals. 491 492 Animals, fowl and/or pets shall not be permitted within the public Type 2 493 swimming pool. This section shall not apply to working dogs, such as seeing-eye dogs. Adopted by the City Council of the City of Virginia Beach, Virginia, on this 17th day of July, 2007. 11 - 35 - Item V.J.5. RESOLUTIONS/ORDINANCES ITEM #56650 Lou Haddad, Chief Executive Officer - Armada/Hoffler Development, Company. L.L.c., advised one of the highlights 0 his professional life is the partnership with the City (a strong partnership for eight (8) years). There has been an overwhelming demand for Class "A" office space. Currently, there is approximately 500,000 square feet of office space in Town Center. There is not a single square foot available for lease. A 90,000 square foot building (appropriately named Columbus Center II) is being built next to Columbus Center. The building will be similar in structure to the existing Armada Hoffler Tower, encompassing about 350,000 square feet of Class "A" office space and another 40,000 square feet of retail space. Another Development Agreement will be forthcoming re the development of a parking garage. The building will be approximately twenty-one (21) stories. Ground will be broken in 2008, as soon as The Beacon take possession of the office spaces in the Westin towers. As the City Attorney advised, the revised ordinance serves two purposes: (i) it "cleans up" the language in the ordinance appearing in the July 17, 2007 agenda and (ii) substitutes at Lines 125-143, an alternative means offinancingfor the Block 2 exchange. The revised ordinance serves two purposes: (i) it "cleans up" the language in the ordinance that appears in the July 17, 2007 agenda, and (ii) substitutes at Lines 125-143, an alternative means offinancingfor the Block 2 exchange. Armada/Hoffler has agreed to provide the total principal amount needed by the Authority to acquire the Block 7 space, to build-out the space, purchase five (5) parking spaces and to make the cash payment to Commonwealth Building Company, Inc. (CBC). That amount totals $5,495,000 and will be made available at no interest cost to the Authority. The funds provided by Armada/Hoffler would be secured by a deed of trust on the Block 2 land and building in favor of Armada/Hoffler. The benefits of this alternative arrangement to Armada/Hoffler are (i) a lower cost financing mechanism and, (ii) no collateral security cost. The benefits to the Authority are (i) a decreased cash-flow cost, and (ii) increased incentive on Armada/Hoffler to purchase Block 2 within thirty-six (36) months of Block 2 Exchange. If Aramda/Hoffler fails to purchase the property, the deed of trust would be released and the Authority would retain title to Block 2. Upon motion by Vice Mayor Jones, seconded by Councilman Wood, City Council ADOPTED, AS AMENDED: Ordinance to AUTHORIZE modifications to the Town Center Phase III project documents and acquisition of Block II property (Beacon Building) Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 1 AN ORDINANCE APPROVING 2 MODIFICATIONS TO THE TOWN CENTER 3 PHASE III PROJECT DOCUMENTS 4 AND ACQUISITION OF THE BLOCK 2 PROPERTY 5 FOR THE TOWN CENTER PROJECT 6 WHEREAS, on behalf of the City of Virginia Beach (the "City") and the City of Virginia 7 Beach Development Authority (the "Authority"), the City Manager and City staff have engaged 8 in extensive negotiations with representatives of Armada/Hoffler Development Company, 9 L.L.C., and its affiliates, regarding the development of a Central Business District Project known 10 as "The Town Center of Virginia Beach" (the "Project"); 11 WHEREAS, by Ordinance No. 2896F adopted September 13, 2005, after finding that 12 Phase III of the Project will stimulate the City's economy, increase public revenues, enhance 13 public amenities, further the City's development objectives for the Central Business District and 14 provide necessary components to further the goals contained in the City's "Guidelines for 15 Evaluation of Investment Partnership for Economic Development," the City Council (a) 16 approved development documents for Phase III of the Project (the "Phase III Project 17 Documents"), (b) requested that the Authority approve and execute the Phase III Project 18 Documents, and (c) authorized the City Manager to execute a Support Agreement between the 19 City and the Authority supporting the Authority's obligations contained in the Phase III Project 20 Documents; 21 WHEREAS, by Ordinance No. 2946B adopted June 13, 2006, after finding certain 22 proposed refinements and modifications to the Phase III Project documents would enhance the 23 Project, City Council approved the First Modification to Phase III Project Documents; 24 WHEREAS, Phase III of the Project includes Block 7, on which there is being 25 constructed a structure comprised of a 947-space parking garage, with 735 public spaces (the 26 "Block 7 Parking Garage"), 25,000 square feet of ground floor commercial space on the west 27 side of the building (the "Block 7 West Retail"), 11,500 square feet of additional ground floor 28 commercial space on the east side of the building, a 236-room full service Westin hotel, a 25,000 29 square foot conference facility (the "Conference Unit"), 119 luxury condominiums, and an 30 emergency communications room on the top of the Block 7 tower (the "911 Room"); 31 WHEREAS, Phase III of the Project also includes Block 6E, on which there is being 32 constructed a structure comprised of 14,000 square feet of ground floor commercial space and 56 33 residential condominiums; 34 WHEREAS, Phase III of the Project also includes a pedestrian bridge over Columbus 35 Avenue connecting the Block 7 Parking Garage with the public parking garage in Block 12 (the 36 "7-12 Bridge"); 37 WHEREAS, Block 2 ofthe Project is owned by Commonwealth Building Company, Inc. 38 ("CBC"). The Authority and the Project Developer have negotiated an exchange transaction 39 under which CBC would transfer of Block 2 to the Authority in exchange for 15,000 square feet 40 of improved office space in the Block 7 West Retail, a $1,635,000 cash payment, five parking 41 spaces in the Block 7 Parking Garage, and up to $300,000 in moving expenses in the form of an 42 EDIP award to CBC (collectively the "Block 2 Exchange"); 43 WHEREAS, the Authority and the Developer desire to include the terms of the Block 2 44 Exchange to Phase III of the Project; memorialize the Block 2 Exchange in an agreement and 45 supporting documents among the Authority, CBC and the Developer (collectively the "Block 2 46 Exchange Documents"); and modify the Phase III Project Documents to incorporate the Block 2 47 Exchange and to provide for the Developer's obligation to purchase Block 2 from the Authority 48 for an amount equal to the total value of the consideration given by the Authority to acquire 49 Block 2, plus certain costs of carry, less the amount of any EDIP award associated with the 50 Block 2 Exchange; 51 WHEREAS, Phase III of the Project was to include construction of improvements on 52 Block 9 by the Developer and public infrastructure improvements to Block 9 by the Authority, 53 but the Authority and the Developer now have agreed to replace the Developer's obligation to 54 develop Block 9 with an obligation that the Developer develop Block 5; 55 WHEREAS, the Developer has incurred additional costs of construction for the Block 7 56 and Block 6 improvements due to unforeseen circumstances; 57 WHEREAS, the obligations of the Authority contained in the Phase III Project 58 Documents (as amended by the First Modification) are supported by the City pursuant to a Phase 59 III Support Agreement, (a) with the traditional public infrastructure costs of the Project to be 60 funded, in part, through the City's CIP and, in part, through the Authority's Economic 61 Development Investment Program monies and (b) with the other obligations of the Authority 62 structured to be paid, subject to annual appropriation, by the available revenue from the TIF 63 Fund, from the revenue generated by the special tax district, and by an additional mechanism for 64 the Developer to pay projected TIF shortfalls; 65 WHEREAS, the City Council finds that the proposed second modification to Phase III of 66 the Project and the proposed Block 2 Exchange are desirable as they allow the Developer to 67 enhance Phase III of the Project; and 68 WHEREAS, the City Council also desires that the Authority pursue the preparation of 69 documents modifying the Phase III Project Documents and the Block 2 Exchange Documents to 70 evidence respectively the modification of the undertakings for the development of Phase III and 71 the Block 2 Exchange as described herein. 72 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 73 VIRGINIA BEACH, VIRGINIA: 74 1. That the City Council hereby approves the second modification to Phase III of the 75 Project and approves the Block 2 Exchange, which respectively provide as follows: 76 I. Modifications to Existing Phase III Transaction Structure 77 A. Modifications to Phase III financed by Tax Increment Financing 78 Funds: 79 80 81 82 83 84 85 86 87 88 89 90 91 92 93 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 115 116 117 1) increase the guaranteed maximum price of the to 7-12 Bridge by $250,000 to $1,750,000 2) increase in the guaranteed maximum pnce of the Conference Unit by $500,000 to $8,052,392 3) increase interest costs pursuant to the existing development agreement by $355,000 B. Modifications to Phase III financed by ComIT CIP funds 4) provide for acquisition of a 911 Room for an amount not to exceed $219,000 C. Modifications to Phase III - Transfer of Funds 5) replace the Developer's obligations relating to the development of Block 9 with an obligation to develop Block 5 6) authorize the transfer of $475,000 programmed for infrastructure improvements on Block 9 to fund $200,000 of infrastructure improvements for Block 6 and $275,000 of infrastructure improvements for Block 5 II. Fundamentals of Block 2 Exchange A. CBC will trarlsfer Block 2 of the Town Center to the Authority in exchange for the Authority transferring to CBC 15,000 square feet of improved office space in Block 7 (the "CBC Space"), plus cash and other consideration. An outline of the exchange costs and financing arrangements follows: 1 ) Costs of the Exchange a) $1,680,000 for the acquisition cost of the CBC Space, which is part of the Block 7 West Retail being acquired by the Authority from the Developer b) an amount not to exceed $945,000 to improve the CBC Space c) $1,635,000 cash payment to CBC d) value of five (5) parking spaces in the Block 7 Parking Garage ($115,000) e) $300,000 EDIP Grant award for moving expenses f) total Authority investment in exchange transaction: $4,675,000 (the "Exchange Investment") 2) The Exchange Investment, excluding the $300,000 EDIP Grant, will be financed by a [non-assignable] loan provided to the Authority from Armada/Hoffler Development Company. The loan may be secured when the Authority acquires Block 2 with a deed of trust on that property. 118 Principal will be advanced as and when required by the 119 Authority. There will be no interest or other debt service 120 payable under the loan. Instead, all of the Authority's loan 121 obligations shall be satisfied by the Authority's transfer of 122 title to Block 2 to the Developer, which is to occur no later 123 than thirty-six (36) months after the exchange under the 124 option arrangement to be set out in the second modification 125 of Phase In Project Documents. If the Developer fails to 126 acquire Block 2 under the option within such period, the 127 loan also will be deemed satisfied. 128 2. On behalf of the City of Virginia Beach, the City Manager and the City Attorney 129 are hereby authorized and directed to proceed with the preparation of any documents necessary 130 and appropriate to implement the modification of the Phase nI Project Documents (the "Phase In 131 Modification Documents") consistent with the provisions herein. 132 3. The City Manager, or his designee, is authorized to execute and deliver any 133 Phase nI Modification Documents to which the City is a necessary party, so long as such Phase 134 In Modification Documents are consistent with the provisions herein and are acceptable to the 135 City Manager and the City Attorney. 136 4. The City Manager, or his designee, is authorized to execute and deliver any Block 137 2 Exchange Documents to which the City is a necessary party, so long as such documents are 138 consistent with the provisions herein and are acceptable to the City Manager and the City 139 Attorney. 140 5. The City Council requests and recommends that the Authority adopt a Resolution 141 consistent with this Ordinance approving and authorizing the execution of the Phase In 142 Modification Documents, the Block 2 Exchange Documents, and any other documents necessary 143 for the implementation of those transactions as are consistent with the provisions herein. 144 145 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of 146 Jul y ,2007. APPROVED AS TO AVAILABILITY OF FUNDS .- @;;lIU O~ Fmance Department City Attorney CAI0461 R-5 7/17/07 22764.000265 FAIRFAX 342393v2 - 36 - Item v'J.6. RESOLUTIONS/ORDINANCES ITEM #56651 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED until the City Council Session of August 14, 2007: Ordinance to A UTHORIZE the City Manager to execute a lease of City- owned property at 2293 Lynnhaven Parkway for the term of one (1) year with Tidewater Regional Group Home Commission (TRGHC), to be used as residential housing for juvenile offenders through a transitional living program. Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 - 37 - Item v'J. 7.a/b/c1d/e/f RESOLUTIONS/ORDINANCES ITEM #56652 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED: Ordinances to TRANSFER, ACCEPT and APPROPRIATE: a. $4,000,000 between various capital projects to AMEND the adopted School's FY 2007-08 Biennial Resource Management Plan from which they were inadvertently omitted b. $450,000 from the United States Department of Homeland Security, under the 2007 Port Security Grant Program to the Police Department re purchase of two patrol boats and a trailer c. $45,000 from the United States Department of Homeland Security to continue the Citizen Corps Council (CCC) and the Community Emergency Response Team (CERT) for year jive d. $233,000 re renovation of old holding cells and installation of a jire suppression system in the Public Safety Building e. $137,000 from the Oyster Heritage Trust Fund re construction of oyster reefs and continue the Oyster Shell Recycling program in the Lynnhaven Watershed f $38,521 from the Virginia Aquarium and Marine Science Center Foundation re funding of a full-time Exhibits Technician I to act as a Records Registrar for the live animals and non-living objects at no cost to the City Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 AN ORDINANCE TO TRANSFER APPROPRIATIONS BETWEEN VARIOUS SCHOOL CAPITAL PROJECTS WITHIN THE FY 2007-08 SCHOOL CAPITAL BUDGET WHEREAS, the School Board's adopted CIP included transfers between various School capital projects with the FY 2007-08 School Capital Budget, and these were inadvertently omitted from the adopted FY 2007-08 CIP. NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: That $4,000,000 of appropriations, along with estimated revenues, within the School's Capital Improvement Program is transferred as shown below: FY 07-08 Transfer To: 1-082 Alternative Education Facility-Phase I 1-085 Alternative Education Facility-Phase II 1-099 Renovations & Replacements- Grounds Phase II 1-232 Tennis Court Renovations 1-235 Windsor Oaks Elementary School Replacement $ 300,000 $1,200,000 $ 350,000 $ 150,000 $2,000,000 $4.000.000 Total Transfer From: 1-018 Newtown Road Elementary School Replacement 1-075 Elementary School 2007-08 1-078 School Bus Garage Facility Replacement/Expansion 1-234 Virginia Beach Middle School Replacement $ 750,000 $ 750,000 $ 500,000 $2,000,000 $4.000.000 Total Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of July ,2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ;e ~ k-- City Attorney's Office Manage CA 10458 R-2 July 11, 2007 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE $450,000 2 FROM THE UNITED STATES DEPARTMENT OF 3 HOMELAND SECURITY TO THE POLICE DEPARTMENT'S 4 FY 2007- 08 OPERATING BUDGET FOR THE PURCHASE 5 OF TWO 34' POLICE PATROL VESSELS AND A TRIPLE 6 AXLE TRAILER 7 8 WHEREAS, the Police Department has identified $150,000 within the FY 2007-08 9 Reserve for Contingencies for the cash match for the purchase of two 34' Police Patrol 10 vessels and a triple axle trailer; and 11 12 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 13 BEACH, VIRGINIA: 14 15 That $450,000 is hereby accepted from the United States Department of Homeland 16 Security and hereby appropriated to the Police Department's FY 2007-08 Operating 17 Budget for the purchase of two 34' Police patrol vessels and a triple axel trailer, with 18 federal revenue increased accordingly. 19 20 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of 21 ,July ,2007. 22 23 Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ rvtanagem t S rvices ;e~~ City Attorney's 0 CA 10451 R-2 July 3, 2007 Fiscal Year 2007 Port Security Grant Program (PSGP) Award Allocation, Tiers 1, 2, 3, 4 May 2007 Maryland Oepartm",'! of T rar'spo'1li1Hon $1,1176.792 Baftimof(r, MO Mclrva Enterpnses, LlC (Balhroo",) $24,(;00 P3S$fif'HJ:i:)f Vessel AsSOCi3hor, SIB 575 City 01 8oston $25,00<) D,stl\gas of M...~achuseltS, LLC $100,000 Basion" MA S225000 MasSllchusetls Port Aulhority Sprague Ec-argy CorpafahOn (80slon) 5842 Cl\aneslon County Snp-nfl's OfftCe $75,000 Cha1eston 8C City of Cnanesfoo $456,000 80011\ Ca/ohM Shlle Potls Aull\ollty $.1.720,464 Cincrnna/r, OH Hamdton County $1:>8,<160 Long"ew, WA Port of Longv'"", 5262.500 COlumbia Gra," Infernal""'a!, In.: $25,00<3 JR SimplOl Company $40,593 Portfand, OR Paramoul1l 01 Orago" 535,,948 Columb,,,.W,lfamctte 592.765 RiVer SYSl<)ffi Port of Portland Shell Oil Proouc\$ liS IPtlrti3nd. OR) S23172 Valero Energy CorpCralton {portland ORI $64285 Vancouver. WA Port of Vancouver USA $161 249 Val.fo Energy Corporatlon $ff17801 CoroU& Chmili, TX Cily 0/ Corpus Chlistl $414.200 Port of Corpus CMSl. AulhOf'ty $2,935.275 C, . ~ r~ ~ctWllif\la Belldl (Pooce Department) ~mp!on Roaos, VA II VI'll,n,a Department of Game and Inland FIshanas $2.t030 Virginia Port Authonly 53,Of)~,300 C.1y of Jacksonville (Fire and Rescue Department) $4110,52& Jacksorwllle Fl City 01 Jacksonv,lIe (Snenll's Officc) $336 169 Jacksonv"ltI Port AulMonty $1,441J70 Caleas."" Pansn Sl\efrtrs Off'ce 51 194,134 Cameron Pa"sh Snerrtr$ Department 523,140 Lalle Cl1arles, LA Dunl1am Pnco Miillloe, llC . Wasllaka $277 .493 ~al\x)f & Termlnai Dislnet sr50.038 Ine (Lake Charles j $422.500 lou'$v4Ie. KY LouisVllle/.Jellerson CO<Jnty Melro Governmenl 5428.249 Memp'''s, TN Lion Od Company. MemphiS 524.938 Vworo Energy CCfJxml1>on (MemphiS) 5934,950 Mobile. At Nabama State POll AUfhonly $3 268,96! P,rtsburgn. P A City 0/ PillsOlJrgh $2,56!,513 DTC EnVironmental Serv>C$' $11:1.126 Georgia Port. Aull10nly $1,94408a Savannah, GA Impe-rial Sugar Company $52,241 Sooth",n LNG $1 665,595 Valero Ene'l/Y CorporallQl1 5252,196 Sums Hartlor. iN Ind.ana Depanmant 01 Nalural R"Si:J\JrC€lS SU,166 Soulnem Trc City 01 ChICagO OlflCti Of Eme<\loncy Management and CommuniCatiOnS $6,511,741 of La;",(t M1Ch ,san Cl\icaQO, Il KInder Mo'1,Jll" l1q"'d$ Terminals, LtC (Chicago) $111.4S€ Mi!1al Ste<ri USA. int $44.580 51. Lows Me 5t LOUiS Development CorpolaLon $:\00.625 T",Ci/y Rell"'MJ Port D,Sfnct $IMlloo Nblllny. NY Albany Port OtsU1Cl CommissIon S351.00<1 M"''''''lIlle. AK Municpal;ly 0/ Ancl1orage SS69 429 8<ownsv:lle. TX BlCwtlSvrlle Nav,gato" Dislllcl $3,610.950 Buffalo. NY C~y 01 Eluffwo Sin045!) II! ChattanOO\la. TN Hamilton Counly Govern"."",t 5523538 Delro" Mi 'j,4.cf!i-gan De-p.artj"l'l-enf of T r,af'!s.wrtat:ot'l 52 139,540 Freeport. TX Brazos R!VN Hamor NaVigation Distnd 52.443./l.4a F reepon L NGOeveJopment LP $179.86/ Green Bay Wi Omen Bay POf;ca Depanm..nl $369.158 liol1oJulu. HI Hawaii QepMf1ment ot Trarspor~abo-n $1 61().527 1 AN ORDINANCE TO ACCEPT AND APPROPRIATE 2 $45,000 FROM THE DEPARTMENT OF HOMELAND 3 SECURITY TO THE FIRE DEPARTMENT'S FY 2007-08 4 OPERATING BUDGET FOR THE CITIZEN CORPS 5 COUNCIL 6 7 8 BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, 9 VIRGINIA: 10 11 1) That $45,000 in additional federal revenue is hereby accepted from the 12 Department of Homeland Security and appropriated to the FY 07-08 13 Operating Budget of the Fire Department to cover costs associated with the 14 Citizen Corps Council; and 15 16 2) That estimated revenue from the Federal Government in the FY 2007-08 17 operating budget is increased by $45,000. 18 19 Adopted by the Council of the City of Virginia Beach, Virginia on the 1 7tl1 day of 20 July ,2007. 21 22 Requires an affirmative vote by a majority of the members of the City Council. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: Z~~ City Attorney's Office CA 10453 R-3 July 5, 2007 1 AN ORDINANCE TO TRANSFER $233,000 FROM THE FY 2 2007-08 RESERVE FOR CONTINGENCIES TO CIP 3 PROJECT #3-359 - BUILDING MODERNIZATION, 4 RENEWALS AND REPLACEMENTS (PARTIAL) FOR 5 RENOVATIONS TO THE OLD HOLDING CELLS AND THE 6 INSTALLATION OF A FIRE SUPPRESSION SYSTEM IN 7 THE PUBLIC SAFETY BUILDING 8 WHEREAS, the Police Department has identified $233,000 within the FY 2007-08 9 Reserve for Contingencies for renovations to the old holding cells and the installation of a 10 fire suppression system related to the renovation of the ground floor of the Public Safety 11 Building Renovation Project. 12 13 THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA 14 BEACH, VIRGINIA: 15 16 That $233,000 is hereby transferred from the FY 2007-08 Reserve for 17 Contingencies to CIP #3-359 - Building Modernization, Renewals and Replacements 18 (Partial) for renovations to the old holding cells and the installation of a fire suppression 19 system related to the renovation of the ground floor of the Public Safety Building 20 Renovation Project. 21 22 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of 23 July, 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~~ ~=iY- CA 10455 R-2 July 5, 2007 1 AN ORDINANCE TO APPROPRIATE $137,000 FROM THE 2 OYSTER HERITAGE TRUST FUND TO THE DEPARTMENT 3 OF PLANNING AND COMMUNITY DEVELOPMENT FY 2007- 4 08 OPERATING BUDGET FOR THE CONSTRUCTION OF 5 OYSTER REEFS IN THE L YNNHAVEN WATERSHED AND 6 TO CONTINUE THE OYSTER SHELL RECYCLING 7 PROGRAM 8 9 WHEREAS, the City wishes to provide $137,000 from the Oyster Heritage Trust 10 Fund to support the efforts of increasing oyster habitat in the Lynnhaven River watershed 11 and continuing the oyster shell recycling program being undertaken by the U.S. Army 12 Corps of Engineers, the Virginia Marine Resources Commission and Lynnhaven River 13 NOW 14 15 NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF 16 VIRGINIA BEACH, VIRGINIA: 17 18 That $137,000 is hereby appropriated from the Oyster Heritage Trust Fund to the 19 Department of Planning and Community Development's FY 2007-08 Operating Budget for 20 the construction of Oyster Reefs in the Lynnhaven River watershed, and to continue the 21 Oyster Shell Recycling Program. 22 23 Requires an affirmative vote by a majority of the members of the City Council. 24 25 Adopted by the Council of the City of Virginia Beach, Virginia, on the 17th day of 26 July, 2007. 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(J ? 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 AN ORDINANCE TO ACCEPT AND APPROPRIATE $38,521 FROM THE VIRGINIA AQUARIUM AND MARINE SCIENCE CENTER FOUNDATION TO THE FY 2007-08 OPERATING BUDGET OF THE VIRGINIA AQUARIUM SPECIAL REVENUE FUND TO PROVIDE RECORD KEEPING SERVICES FOR THE LIVING AND NON-LIVING OBJECT COLLECTION WHEREAS, the Virginia Aquarium and Marine Science Center Foundation ("the Foundation") has pledged to reimburse the City for the cost of one additional full-time exhibits technician in the Virginia Aquarium and Marine Science Center; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA: 1. That $38,521 in anticipated revenue is hereby accepted from the Virginia Aquarium and Marine Science Center Foundation and appropriated to the FY 2007-08 Operating Budget of the Department of Museums for record keeping of living and non- living objects, with revenue from local sources increased accordingly. 2. That one full-time equivalent exhibits technician position is hereby added to the FY 2007-08 Operating Budget of the Department of Museums, provided that continuing this position in future budget years is contingent upon future funding from the Foundation. Requires an affirmative vote by a majority of the members of the City Council. Adopted by the Council of the City of Virginia Beach, Virginia on the 17th day of .TIlly , 2007. APPROVED AS TO CONTENT: APPROVED AS TO LEGAL SUFFICIENCY: ~ I~ Managem t S rvices ~~or CA 10454 R-2 July 5, 2007 VIRGINIA AQUARIUM & MARINE SCIENCE CENTER April 4, 2007 Mr. Jim Spore, City Manager City of Virginia Beach Municipal Center, Building I 2401 Courthouse Drive Virginia Beach, VA 23456 Dear Mr. Spore, This letter serves as confirmation that the Virginia Aquarium & Marine Science Center Foundation, Inc. (Foundation) guarantees continued funding to the City of Virginia Beach for all costs associated with the full-time Exhibits Technician I position currently requested through the City agenda process. In order to be in compliance with professional collection record keeping standards as well as federal permitting requirements, a full-time Registrar position is needed to manage the Aquarium's growing collection records. The Foundation Executive Committee approved ongoing funding for this position in current and future budget years. I would be happy to discuss this with you further should you have any questions or need additional information. Thank you. .'--.. VIRGINIA AOUARIUM & MARINE SCIENCE CENTER FOUNDATION 717 GENERAL BOOTH BOULEVARD, SUITE 1, VIRGINIA BEACH, VIRGINIA 23451 phone 757-437-6010 . fax 757-437-4976 - 38 - Item V-L.I. PLANNING ITEM #56653 1. VIRGINIA BEACH CITY PUBLIC SCHOOLS 2. UNION BAPTIST CHURCH 3. NEW BEGINNINGS OUTREACH 4.a/b. CITY OF VIRGINIA BEACH Amend CITY ZONING ORDINANCE STREET CLOSURES CONDITIONAL USE PERMIT CONDITIONAL USE PERMIT H111, 203, 211, 230, 401, 403, 501, 601,801,901,1001,1125,1511,1521 and 1531 re combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the Zoning Districts where they are allowed and DEFINING Storefront Religious Uses and making them permitted uses in the B-2 Business District JJ234, 401, 501, 601, 901,1511,1521 and 1531 re Home Occupations to exclude the sale, service or repair of firearms and DELETING radio or television repair shops as an excluded use July 17, 2007 - 39- Item V-K. PLANNING ITEM #56654 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council APPROVED IN ONE MOTION Items I (DEFERRED), 2, 3 and 4 (DEFERRED) of the Planning by Consent Agenda. Item K. I. (VIRGINIA BEACH CITY PUBLIC SCHOOLS STREET CLOSURES) was DEFERRED INDEFINITELY, BY CONSENT. Item K.4.a/b. (CITY ZONING AMENDMENTS) was DEFERRED INDEFINITELY, BY CONSENT. Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 - 40- Item V-KI. PLANNING ITEM #56655 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY, Ordinances upon application of VIRGINIA BEACH CITY PUBLIC SCHOOLS (VBSPC) for the discontinuance, closure and abandonment of the following portions of streets: 25th Street west of Cypress Avenue; Parks Avenue at 24th Street and 25th Street; Alleys on the east of Parks Avenue, north of 24th Street and south of 25th Street and Alleys east of Cypress Avenue, west of Mediterranean Avenue, east of Cypress Avenue, north of 24th Street, south of 25th Street. Ordinance upon application of Virginia Beach City Public Schools for the discontinuance, closure and abandonment of that certain street known as 25th Street as shown on that certain plat entitled "EXHIBIT 'A' showing a portion of 25TH Street to be closed (MB. 7, Page 101) Virginia Beach, Virginia, January 30,2007". DISTRICT 6 - BEACH Ordinance upon application of Virginia Beach City Public Schools for the discontinuance, closure and abandonment of a portion of that certain street known as "PARKS AVENUE" and shown as "Parks Avenue (60'- foot right-of-way) (Paper Street) (Map Book 7, Page 101) and also shown as "Portion of Parks Avenue to be closed area = 24,000 square feet or 0,551 Acres" on that certain plat entitled "EXHIBIT 'B' showing a portion of Parks Avenue to be closed (Map Book 7, Page 101) Virginia Beach, Virginia January 30, 2007", DISTRICT 6 - BEACH Ordinance upon application of Virginia Beach City Public Schools for the discontinuance, closure and abandonment of certain unimproved alleys known as public alleys of Block 135, as shown on that certain plat entitled "EXHIBIT 'C' showing public alleys of Block 135 to be closed (Map Book 7, Page 101) Virginia Beach, Virginia January 30, 2007", DISTRICT 6 - BEACH Ordinance upon application of Virginia Beach City Public Schools for the discontinuance, closure and abandonment of those certain alleys known as public alleys of Block 126 as shown on that certain plat entitled "EXHIBIT 'D' showing public alleys of Block 126 to be closed (Map Book 5, Page 103) Virginia Beach, Virginia January 30, 2007", DISTRICT 6 - BEACH July 17, 2007 - 41 - Item V-K.J. PLANNING ITEM #56655 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 - 42- Item V-K2. PLANNING ITEM #56656 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of UNION BAPTIST CHURCH for a Modification of Conditions approved by City Council on October 17, 1995 and MODIFIED on March 22, 2005) re addition of a sanctuary instead of a multi-purpose center ORDINANCE UPON APPLICATION OF UNION BAPTIST CHURCH FOR A MODIFICATION OF CONDITIONS FOR A CONDITIONAL USE PERMIT APPROVED BY CITY COUNCIL ON OCTOBER 17, 1995 AND MODIFIED ON MARCH 22, 2005. BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of Union Baptist Church for a Modification of Conditions for a Conditional Use Permit approved by City Council on October 17, 1995 and modified on March 22, 2005. Property is located at 4608 South Boulevard (GP IN 1477419298). DISTRICT 3 -ROSE HALL The following conditions shall be required: The two conditions attached to the Conditional Use Permit granted by the City Council on March 22, 2005 are replaced with the following: 1. When the proposed church addition is constructed, it shall be in general conformance with the submitted plan entitled, "Conceptual Site Layout Plan of Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA," prepared by MSA, P.e., dated April 1, 2007. 2. When the proposed church addition is constructed. it shall be in substantial conformance with the elevations entitled, "Proposed Multipurpose Wing, Union Baptist Church, 4608 South Boulevard, Virginia Beach, VA," prepared by Elemuel A. Watts, R.A., Advanced Drafting & Design, dated November 6, 2006. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth of July Two Thousand Seven July 17, 2007 - 43 - Item V-K.2. PLANNING ITEM #56656 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 - 44- Item v-x 3. PLANNING ITEM #56657 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council ADOPTED an Ordinance upon application of NEW BEGINNINGS OUTREACH MINISTRIES, INC. for a Conditional Use Permit re a church: ORDINANCE UPON APPLICATION OF NEW BEGINNINGS OUTREACH MINISTRIES, INC. FOR A CONDITIONAL USE PERMIT FOR A CHURCH R070734231 BE IT HEREBY ORDAINED BY THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA Ordinance upon application of New Beginnings Outreach Ministries, Inc. for a Conditional Use Permit for a church on property located at 1409-B Lynnhaven Parkway (GPIN 1485783134). AICUZ is 65 to 70 dB Ldn. DISTRICT 3 - ROSE HALL The following conditions shall be required: 1. The applicant shall comply with all applicable City requirements for building codes, including fire safety and suppression, required for a change of use from retail commercial to a place of assembly prior to the issuance of an Occupancy Permit for this unit. This includes obtaining a Fire Inspection, a Fire Code Permit, and a Certificate of Occupancy from the Building Official's Office. 2. The number of congregants at any service shall not exceed the occupancy number for the unit as established by the City's Fire Marshall. This Ordinance shall be effective in accordance with Section 107 (f) of the Zoning Ordinance. Adopted by the Council of the City of Virginia Beach, Virginia, on the Seventeenth of July Two Thousand Seven July 17, 2007 - 45 - Item V-K.3. PLANNING ITEM #56657 (Continued) Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 - 46- Item V-K.4.a/b. PLANNING ITEM #56658 Upon motion by Vice Mayor Jones, seconded by Councilman Dyer, City Council DEFERRED INDEFINITELY: Ordinance to AMEND the City Zoning Ordinance (CZO): 99111,203,211,230,401,403,501,601,801,901,1001,1125,1511, 1521 and 1531 re combining Lodges, Community Centers, Private or Athletic Clubs, Auditoriums, Arenas, Civic or Cultural Centers, Social Centers, Eleemosynary Establishments, Assembly Halls, Union Halls, and Bingo Halls as Assembly Uses and combining Churches, Monasteries, and Convents as Religious Uses and making both uses Conditional in the Zoning Districts where they are allowed and DEFINING Storefront Religious Uses and making them permitted uses in the B-2 Business District 99234,401,501,601,901,1511,1521 and 1531 re Home Occupations to exclude the sale, service or repair ofjirearms and DELETING radio or television repair shops as an excluded use Voting: 10-0 (By Consent) Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 - 47- Item V-M..l. APPOINTMENTS ITEM #56659 BY CONSENSUS, City Council RESCHEDULED the following APPOINTMENTS: PARKS AND RECREATION COMMISSION PUBLIC LIBRARY BOARD July 17, 2007 - 48 - Item V-M.2. APPOINTMENTS ITEM #56660 City Council TOOK NO A CTlON re the following APPOINTMENT: COMMUNITY MEDICAL ADVISORY COMMISSION July 17, 2007 - 49- Item V-M.3. APPOINTMENTS ITEM #56661 Upon NOMINATION by Council Lady Wilson, City Council APPOINTED: Edward Fissinger, Jr. Education Douglas O. Walker, PhD Education No Terms BLUE RIBBON TAX, FEE AND SPENDING TASK FORCE Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf, John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 - 50 - Item V-M.3. APPOINTMENTS ITEM #56661 Upon NOMINATION by Vice Mayor Jones , City Council REAPPOINTED: George A. Alcaraz - Alternate Steven G. Draeger - Alternate 5 years 9/1/07 -12/31/12 BOARD OF ZONING APPEALS Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Harry E. Dieze/, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 200! - 51 - Item V-M.4. APPOINTMENTS ITEM #56663 Upon NOMINATION by Vice Mayor Jones, City Council REAPPOINTED: Dan H. Brockwell Paul V. Michaels 4 years 9/1/07 - 8/31/11 DEVELOPMENT AUTHORITY (VBDA) Voting: 10-0 Council Members Voting Aye: Robert M Dyer, Harry E. Diezel, Barbara M Henley, Vice Mayor Louis R. Jones, Reba S. McClanan, Mayor Meyera E. Oberndorf John E. Uhrin, Ron A. Villanueva, Rosemary Wilson and James L. Wood Council Members Voting Nay: None Council Members Absent: William R. "Bill" DeSteph July 17, 2007 - 52 - Item V-D. ADJOURNMENT ITEM # 56664 Mayor Meyera E. Oberndorf DECLARED the City Council Meeting ADJOURNED at 6:39 P.M. a~___t2_:_L~~{"'; Beverly 0. Hooks, CMC Chief Deputy City Clerk ~!f~~v City Clerk Meyera E. Oberndorf Mayor City of Virginia Beach Virginia July 17, 2007