MARCH 4, 2003 MINUTESCITY COUNCIL
MAYOR MEYERA E OBERNDORF, At-Large
VICE MAYOR LOUIS R JONES, Baystde - District 4
HARRY E DIEZ, EL, Kempsvdle ~Dtstrtct 2
MARGARET L EURE, Centervtlle -Dtstrtct 1
REBA S McCLANAN, Rose Hall- Dtvtrtct 3
RICHARD A MADDOX, Beach - Dtvtrtct 6
JIM REEVE, Prmcess Anne -Dtstrtct 7
PETER W SCHMIDT, At-Large
RON A VILLANUEVA, At-Large
ROSEMARY WILSON, At-Large
JAMES L WOOD, Lynnhaven -Dtstrtct 5
JAMES K SPORE, Ctty Manager
LESLIE L LILLEY, Ctty Attorney
RUTH NODGES SMITH, MMC, Ctty Clerk
CITY OF VIRGINIA BEACH
"COMMUNITY FOR A LIFETIME"
CITY COUNCIL AGENDA
4 March 2003
CITY HALL BUILDING I
2401 COURTHOUSE DRIVE
VIRGINIA BEACH, VIRGII~TA 23456-8005
PHONE (757) 427-4303
FAX (757) 426-5669
E MAIL Ctycncl~vbgov corn
I. CITY MANAGER'S BRIEFINGS
- Conference Room - 1:00 PM
to
Bo
C.
Photo Red Lights
A.M. Jacocks, Chief- Pohce Department
Comprehensive Plan
Robert Scott, Director - Planning Department
Sandbndge Road
E. Dean Block, Director - Pubhc Works
II. REVIEW OF AGENDA ITEMS
III. COUNCIL LIAISON REPORTS
IV. CITY COUNCIL COMMENTS
V. INFORMAL SESSION
- Conference Room- 4:00 PM
to
Bo
CALL TO ORDER- Mayor Meyera E. Obemdorf
ROLL CALL OF CITY COUNCIL
C. RECESS TO CLOSED SESSION
D. CERTIFICATION OF CLOSED SESSION
E. CITY COUNCIL INFORMAL DISCUSSION
VI FORMAL SESSION
- Council Chamber - 6:00 PM
A. CALL TO ORDER- Mayor Meyera E. Obemdorf
B. INVOCATION:
Reverend Rod Puckett
Associate Pastor, Avalon Hills B~ble Church
C. PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
D. ELECTRONIC ROLL CALL OF CITY COUNCIL
E. MINUTES
1. INFORMAL AND FORMAL SESSIONS
February 25, 2003
F. AGENDA FOR FORMAL SESSION
A. CONSENT AGENDA
H. PUBLIC HEARING
1. Excess property at 1876 Wildwood Drive re Powell Development, LLC.
I. ORDINANCES/RESOLUTIONS
1. Ordinances to AMEND the C~ty Code:
ao
§7-9 re Bicycles, Mopeds and Rental Agencies, comphance with advertising
restrictions.
b. § 21-356 re Reflective Materials on vehicles
.
Ordinance to DECLARE the EXCESS PROPERTY at 1876 Wildwood Drive;
AUTHORIZE the City Manager convey to same to Powell Development, L.L.C.
containing approximately 2 acres, and said revenue to be applied to the Beach House
acquisition and Community Service Board (CSB) land acquisition reimbursement.
(DISTRICT 5- LYNNHAVEN)
,
Ordinances to AUTHORIZE temporal_ encroachments into City-owned right of way at
Wilderness Lane in West Neck Villages for Baymark Construction re a concr6te golf cart-
path. (DISTRICT 7 - PRINCESS ANNE )
,
Ordinance to ACCEPT and APPROPRIATE a $118,849 Grant from the United States
Justice Department re computer software, technology upgrades, and tratntng tn leadershtp
and ethtcs for the Police Department.
J. PLANNING
o
Applications of HARBOUR DEVELOPMENT CORPORATION, L.L.C. at North
Landing and West Neck Roads, containing 65.1 acres, (DISTRICT 7 -PRINCESS ANNE)
ao
Change of Zontng Dtstrtct Classtficatton from AG-1 and AG-2 Agricultural to
Conditional R-30 Residential re single family lots no less than 18,000 sq. ft
b. Condtttonal Use Permit re Open Space
Co
Variance Appeal re certain elements of the Subdivision Ordinance, Section 4.1 (m), that
requires all newly created lots meet the requirements of the City Zoning Ordinance
(CZO) and reduce required street width
Deferred:
July 9, August 13, October 8, 2002,
January 14 and February 4, 2003.
Recommendation:
APPROVE Revised Plan & Proffers
K. APPOINTMENTS
HUMAN RIGHTS COMMISSION
THE PLANNING COUNCIL
L. UNFINISHED BUSINESS
M NEW BUSINESS
No
ADJOURNMENT
2003
April 1
April 8
April 15
April 22
April 24
April 24
May 1
May 1
May 6
May 13
Resource Management Schedule
Presentation to Clt Council of FY 2003-04 Proposed Resource Management Schedule
Economic Vitality and Cultural and Recreational Oppormmtles RMP Workshop
Quahty Education and Lifelong Learning RMP Workshop
Quality Orgamzatlon RMP Workshop
Safe Community RMP Workshop
Public Hearing - Proposed FY 2003-04 Resort ManagementPlanmng - Kellam High School - 6 00 P M
Family and Youth opportunities RMP Workshop
Public Hearing -Proposed FY Resort Management Plarmlng - City Council Chamber - 6 00 P M
Reconciliation Workshop
City Council ADOPTION FY 2003-04 Resort Management Plan
City Council, in trying to be more responsive to the needs
of citizens who attend the meetings, has adopted
the following t~me limits for future Formal
Sessions:
Applicant or Applicant's Representative 10 Minutes
Attorney or Representative for Opposition 10 Minutes
Other Speakers - each 3 Minutes
Apphcant's Rebuttal 3 Minutes
THESE TIMES WILL BE STRICTLY ADHERED TO.
Agenda 03/04/03/bib
www vbgov com
If you are physically disabled or visually impaired
and need assistance at th~s meeting,
please call the CITY CLERK'S OFFICE at 427-4303
Hearing impaired, call' TDD only 427-4305
(TDD- Telephonic Device for the Deaf)
MINUTES
VIRGINIA BEACH CITY COUNCIL
Virginia Beach, Virginia
4 March 2003
Mayor Meyera E Oberndorf called to order the CITYMANAGER '$ BRIEFING re RED LIGHTPHOTO
ENFORCEMENT tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, March 4, 2003,
at 100PM
Council Members Present
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba
S McClanan, RtchardA Maddox, Mayor Meyera E Oberndorf, Jtm
Reeve, Rosemary Wtlson and James L Wood
Counctl Members Absent
Peter W Schmtdt
[Entered 1 07 P MI
Ron A. Vtllanueva [Entered Formal Session 6 O0 P MI
-2-
C I T Y MA N A G E R 'S BRIEFING
RED LIGHT PHOTO ENFORCEMENT
1:00 P.M.
ITEM # 50845
The Ctty Manager tntroduced Pohce Chtef A M dacocks to present addtttonal tnformatton relative Red
Light Photo Enforcement, a tool proposed to be benefictal tn reducing traffic accidents at mtersecttons
Chtef dacocks advtsed "red light running" ts a problem tn l/'trgmta Beach and a concern of a great number
of ctttzens These concerns are expressed tn many different venues Chtef dacocks mtroduced Lteutenant
Tony Zucaro, Spectal Operations Lieutenant Zucaro advtsed six (6)jurisdictions tn Northern Vtrgtma
currently have this type of technology tn place There are approxtmately seventy (70)jurisdictions
throughout the Umted States utthztng the red lightphoto enforcement The Vtrgtnta State Code allowtng
the use of thts technology has a sunset clause of July 1, 2005 At the next and following Sesstons of the
General Assembly, there wtll be concerted effort on the part of Legtslators prtmartly from Northern
Vtrgtnta, to etther extend or remove thts sunset clause.
Lteutenant Zucaro, advtsed a considerable amount of research has been conducted relattve "red light
running". Information was dtstrtbuted "Talking Points", "`4utomated Red Light Enforcement Executive
Summary" and a booklet: ",4 Guide to Red Light Camera Programs" Extenstve research has been
conducted, encompasstng "face to face" mtervtews wtth experts and vtstts to Northern Ftrgmta wtth fieM
studtes at Washmgton, D C and Arhngton, lZtrgmta
The Red Light Violators
Each year tn the Umted States, red hght vtolators cause
1-MILLION crashes
250,000 injuries
2,000 deaths
Fatahttes resulttngfrom red hght vtolattons have mcreased three
trines that of any other traffic related fatahty
In terms of tnjurtes, deaths and property damage, the annual cost of
red hght vtolattons exceed $7-BILLION
From a local perspecttve, utthztng the Nattonal Htghway Traffic Safety and Admtntstrattons Formula
examines the key components producttvtty losses, property damage, medtcal, rehabthtatton, legal and court
costs, as well as emergency servtces, the Ctty ts looking at close to $2.$-MILLION in loses for 2001.
Deputy Chtef James Cervera, Operattons, adwsed the $2.5-MILLlONcost resulttngfrom acctdents tn 2001,
also tncludes the cost to the ctttzen, t e tnsurance Thts ts notjust a City cost
March 4, 2003
-3-
C I T Y MA N A G E R 'S BRIEFING
RED LIGHT PHOTO ENFORCEMENT
ITEM # 50845 (Continued)
Multiple Vehicle Accident Numbers for the City of Virginia Beach
2000 - 374 crashes out of 7681 multtple vehtcle crashes tn Vtrgtnta
Beach were caused by dtsregar&ng Stop Ltghts Thts was 4 8% of the
crashes tn Vtrgtnta Beach
2001-393 crashes out of 7519 multtple vehtcles crashes tn Vtrgtnta
Beach were caused by dtsregardtng Stop Ltghts Thts was 5 2% of the
crashes tn Vtrgtnta Beach
The aforementtoned tnformatton was comptled from the data submttted by the City's Pohce Officers and
thetr acctdent tnformatton The use of cameras wtll enable the tntersectton to be momtored for vtolattons
wtthout a untformed pohce officer betng present Cameras wtll allow the Pohce Department to focus on
other Pohce servtce needs The cameras wtll be tn operatton 24-hours a day, thus gtvmg the Ctty the
proverbtal pohceman on every corner for the momtored tntersecttons Only the vtolators would be captured
on the photographs The camera system only becomes active after the signal goes tnto the red cycle If there
ts not a red hght runmng vtolatton, no photograph ts captured There ts no momtortng of the tntersectton
durtng the green hght cycle Cameras can be a force multiplier for the Pohce Department The technology
of prectse, objecttve and conststent enforcement leads to tncreased rates of comphance to the "red light
running" vtolattons
Owner Liability
Virginia law ts wrttten as an "owner habthty state"
The drtver ts not tdenttfied as thts ts a ctvd matter handled by the Ctvtl
or Traffic Court
Vtolatton notice ts sent to the owner of vehicle, not the drtver
No potnts agatnst the driver's record or the owner's record
No tnsurance tmphcattons
Stmtlar to a parking summons
Fleet and rental vehtcles are also handled tn the same manner as
parktng vtolattons
Virginia State Code mandates the City adopt a paralleling City Code should the City effect this
technology
March 4, 2003
-4-
C I T Y M ~4 N,4 G E R 'S BRIEFING
RED LIGHT PHOTO ENFORCEMENT
ITEM # 50845 (Continued)
Consistent enforcement leads to a reduction
in red light violations throughout the City
Other locahttes have noticed a reduction tn red hght vtolatton and
acctdents at monttored tntersectlons
They have also recorded a drop tn vtolattons at non-momtored
tntersecttons
Fatrfax County, Vtrgtnta
Vtolattons dropped 36% over the first 3 months of enforcement
with cameras
Vtolattons dropped 69% after 6 months of enforcement wtth
cameras
Acctdents at the monttored tntersecttons dropped 40%
At monttored tntersecttons rear-end colhstons tncreased 5% -
lO%for the first few months as a result of vehtcles stopping that
would normally travel through the red hght After the tntttal few
months, these numbers drop back to the ortgtnal numbers prior
to cameras
Pubhc approval rating of 80% for the system
Lteutenant Zucaro &splayed a series of photographs The first photograph was taken before the vehtcle
crosses the stop bar There wtll be "looped" detectors tn the htghway, whtch wtll be placed on a mtle per
hour threshold designated by the Pohce Department, Traffic Engtneertng and the selected vendor If the
mtle per hour threshold ts 20 mtles per hour, a vehtcle has to cross these loops at least 20 mtles per hour
to acttvate the camera, then the firstphotograph will be recorded All photographs would show the red hght
vtolatton
For clartficatton, each photograph ts tmprtnted wtth tnformatton that details the date, ttme and locatton
The second photograph ts taken after the vehtcle ts tn the tntersectton Addtttonal tnformatton deptcts the
ttme lapsed between photographs The thtrd photograph would deptct the aforementtoned tnformatton and
be marled to the owner of the vehtcle tn vtolatton Lieutenant Zucaro &splayed a sample photo deptcttng
an acctdent at the intersection The first two photographs would be utthzed by the Pohce Officers tn
courtroom testtmony
As per request of Ctty Counctl, the term "vtolattons" rather than vtolator shall be utthzed durtng pubhc
educattons sesstons Red hght cameras are currently being used tn over seventy (70) localtttes Artzona,
Caltfornta, Colorado, Delaware, Dtstrtct of Columbta, Maryland, New York, North Carohna, Ohto, Oregon,
Vtrgtnta and Washtngton New York's program ts the longest standtng program and has been tn operation
since 1993
March 4, 2003
-5-
C I T Y MA N A G E R 'S BRIEFING
RED LIGHT PHOTO ENFORCEMENT
ITEM # 50845 (Continued)
Out of the seventy (70) municipalities, New York Ctty ts the only ctty operattng the technology and program
100°.4 with city staff All other mumctpahttes have vartous levels of outsourctng wtth the vendor Six (6)
cities in Virginia utthze red hght photo enforcement Alexandrta, Arhngton, Fatrfax Ctty, Fatrfax County,
Falls Church and Vtenna
Steps involved in complete processing service
Violation Detected
Data retrieved-reviewed for violations
Vehicle owner identified
Contest summons-violator due process
Notice mailed
Police verify violation
Payment received or court date set 70-75°.4 return
~4nalysis/reports
Continuous public information campaign
Lteutenant Zucaro advtsed the vehicle owner can techntcally state, under an affidavtt sworn before a Notary
Pubhc, that were not the drtver, or thts ts not their vehicle If the tndtvtdual ts not the driver, they would
be asked to tdenttfy who was tn possession of the vehtcle Then, the pohce would reaccess to determtne
whether to proceed further wtth the ctvtl violation
Vtolatton Crtterta
Vtolatton crtterta will be set by Traffic Engtneertng and the Pohce
Department
Spectal Ctrcumstances
Emergency Vehicles
Funeral Processtons
If vehtcles move through an tntersectton for a spectal ctrcumstance,
then no vtolatton nottce wtll be tssued
Two of the cities tn Vtrgtma have "zero tolerance" threshold Once the red hght turns red, any vehicle
gotng through that mtersectton ss tn vtolatton Fairfax County has the most hberal threshold of. 4 The Ctty
of Vtrgtnta Beach would be revtewtng somewhere tn between these thresholds The tntersectton of
Independence and Vtrgtnta Beach Boulevard has a current ttmtng tnterval of the yellow hght at 4 3 seconds
If the Ctty's threshold was tmplemented at .4, thts would enable the drtver to have almost five (5) seconds
to stop for the red hght Relattve the sttuatton tn Cahfornta concerntng the matters of fund ratsmg and
traffic safety, Lteutenant Zucaro advised the dtlemmas encountered on the West Coast were researched Part
of the problem was viewed by the courts as the vendor betng revenue driven vs a pubhc safety issue The
Court actually dtsmtssed several hundred of these vtolattons The vendor had improperly and tnsuffictently
placed cameras up there[ore they captured only the first photograph The Court could not make a final
dectston of the vtolatton wtthout the second photograph
March 4, 2003
-6-
C I T Y MA N A G E R 'S BRIEFING
RED LIGHT PHOTO ENFORCEMENT
ITEM # 50845 (Continued)
The Requests for Proposals (RFP) were constructed tn a transacttonal based sttuatton, t e the vendor was
pard by the ttcket As part of the Ctty's recommendattons, a contract wtll be sohctted seektng a flat based
fee, graduated over the length of the contract, approximately three (3) years.
The State Code allows a ctty to have a maxtmum of twenty-five (25) cameras The Ctty would be evaluating
between five (5) and ten (10) cameras and revtewmg the core tssues of the troubled tntersecttons Part of
the stte selectton, wouM be revtewtng the method the sttes are engtneered, runntng ltghts violations, crash
data and how problemattc the tndtvtdual sttes would be concermng enforcement and revtewmg the
tntersecttons from a pedestrtan aspect
ShouM a Request for Proposal be accepted, a thirty-day grace period would ensue for the tssumg of the
actual summons vtolattons In thts thtrty-day wtndow nottces of warntng would be marled
Summary from Arlington County
Three momtored tntersecttons
From August 1998 to December 1999
Marled 22, 462 cttattons
Recetved payment on 15,872 cttattons (71%)
Reduced the number of red hght vtolattons at momtored sttes by 42%
Recetved an 80% approval rattng wtth the pubhc
Received a 65% approval rattngfor expan&ng the system
Reduced red hght vtolattons by 9 6% over the last stx months for
the enttre county
Police Department Recommendations
City implement Red Light Photo Enforcement
Vendor will be responsible for the majority of the outsourcing
Fixed monthly fee
No up-front costs
Vendor installs all equipment
Vendor leases cameras to the City
March 4, 2003
-7-
C I T Y M A NAG E R 'S BRIEFING
RED LIGHT PHO TO ENFOR CEMENT
ITEM # 50845 (Continued)
Lteutenant Zucaro advtsed the top five (5) tntersecttons, based on total crash data and red hght runmng
vtolattons, have been revtewed and are being considered A range of five (5) to ten (10) cameras ss bemg
constdered The placing of one or two cameras would depend upon the mechamcs and geography of the
tntersectton
Data has been comphed from 1999 to 2001 hsttng the top twenty-five (25) acctdent tntersecttons Thts ss
further detat[ed concerntng the top tntersecttons for "runntng red hght" vtolattons and types of acctdents
Charts and stattsttcs from Traffic Engmeemng tncorporate the nattonal formula Coptes of tnformatton shall
be provtded to Ctty Council relattve the five (5) intersections concernmg the reasons chosen, types of
vtolattons, number of crashes as well as other problems
Cameras cost approxtmately $7,000 to $8,500 a month, tfleased from the vendor The matntenance package
and tnstallatton costs are tncluded
Deputy Chtef Cervera advtsed tn Northern Vtrgtnta essentially summons are very high and "sptke" very
qutckly However, the good news ts the pubhc decides to stop runntng red hghts, accidents and therefore
summons decrease
Informatton shah be provtded relative the number of fatalities in 2001 resultmgfrom crashes Lteutenant
Zucaro advtsed Virginia, as a state, was written as an "owner liability" versus a "driver Hability" Some
of the states do have a driver liability, however, this places more burden on the muntctpahty to provide
tdenttficatton of the driver Vtrgmta took the optton to go wtth owner habthty and handle same as a ctvtl
matter ,4 three prong approach ss betng constdered education of the communtty, engmeertng of the sites
and enforcement There ts no Dtvtston of Motor Vehtcles (DMV) and no insurance tmphcatlon Therefore,
no points are depicted on the record
When the court packages are recetved by the Pohce Department, the Vendor must provtde a certtficate
stattng the crtterta and quahty control has been met The Vendor and the Pohce staff would conductjotnt
tramtng The Officers testtfytng tn Court would be able to respond to the chatn of evtdence, mtegrtty and
credtbtltty of the system
March 4, 2003
-8-
C I T Y MA N A G E R 'S BRIEFING
COMPREHENSIVE PLAN
2:03 P.M.
ITEM # 50846
Robert d Scott, Dtrector of Planntng, advtsed, as requtred by Vtrgtnta law, every locahty must have a
Comprehensive Plan whtch must be revtewed at least once every five years The current "award winning"
Comprehensive Plan was adopted November 4, 1997. Thts Plan was adopted on Tuesday of that week and
on Frtday, the Mayor turned the valve to commence the flow of water from the Lake Gaston project In
Vtrgtnta, the Comprehensive Plan ts a "Gutde" The Comprehensive Plan, tn some states, ts a mandatory
element whtch must be followed wtth every decision on land use The Comprehensive Plan ts Ctty Counctl's
offictal pohcy re the phystcal development of the Ctty All Comprehensive Plans must include certam
elements housmg, transportatton and envtronmental The most important aspect of the Plan ts to balance
competing interests.
The first Comprehensive Plan was adopted tn 1979, with revisions in 1985 and 1991. In 1997, the
Comprehensive Plan was amended The Plannmg Commtsston ts the author of the Comprehensive Plan.
The Commtsston ts responstble for drafting the Plan and forwardtng tt to Ctty Counctl for review The
current Plan has been strongly based upon ctttzen tnput Thts added addtttonal strength The Planntng
Commtsston has already conducted rune (9) open houses throughout the communtty After the DRAFTof the
Plan ts comptled, the Planntng Commtsston will agatn seek revtew by thepubhc Addtttonal workshops have
been conducted and the meetings of the Planmng Commtsston are open to the pubhc One stgmficant
advantage ts the City Webstte whtch provtdes more readily avatlable tnformatton to the general pubhc Tom
Pauls, Comprehenstve Planner, has been very mdustrtous tn meetmg wtth mdtvtdual groups around the
communtty (t e ctvtc leagues, bustness organtzattons, homeowners assoctattons). The Planntng Commtsstons
ts conttnutng to have contact with adjacentjurtsdtcttons, most notably Chesapeake A Jotnt Meeting may be
scheduled wtth the Chesapeake Planntng Commtsston to dtscuss matters of common tnterest In the last two
months, the Planntng Commtsston has been conducttng Workshops approxtmately weekly to complete the
DRAFT Comprehensive Plan. These workshops are planned to continue through the Sprtng The Planntng
Commtsston should forward a DRAFT to the Ctty Counctl approxtmately mtd to late Summer
The United States Census Bureau projects by the year 2050 the populatton will be 403-MILLION This ts
an addttton of l 28-MILLION more than the current populatton Thts equates to 28,000 more square mtles
of housing, 63-MILLIONaddtttonaljobs and l O0-MILLIONaddtttonal motor vehtcles Approxtmately one
(1) out of every six hundred (600) Amertcans ts a Virginia Beach resident As opposed to the 130,000
populous added tn the decade of the 1980's, about 30,000 was added tn the decade of the 1990's The Ctty's
population growth rate is now between 1/2 % and 3/4 % a year Thts ts a comfortable rate of growth, unhke
the raptd rates of growth faced tn recent years Smce the 1990 Census, those trends are conttnutng There
ts demonstrattvely a shortage of undeveloped land north of the Green Line (approxtmately 6, 000 acres)
Much of thts acreage has condtttons assoctated that are not favorable for development Development
proposals are smaller but more troublesome projects More vartances are requested and there are more
tmpacts on some of our envtronmental areas The Wetlands and Chesapeake Bay Preservatton Area Boards
are buster than tn prevtous ttmes Pohctes and programs must be tn place to protect our ctty agamst these
effects The Ctty needs to redefine the meaning of growth In the 1960's, 1970's and 1980's, growth clearly
was population based. There should be growth of quality jobs, tax base, amenities to our citizens and the
quality of life The Ctty should consMer what means are necessary to achteve those elements of growth, thus
deahng wtth the Comprehensive Plan becomes a more comfortable exercise
March 4, 2003
-9-
CITY MA NA G E R 'S BRIEFING
COMPREHENSIVE PLAN
ITEM # 50846 (Continued)
The Ctty Councd, durtng thetr Retreats, dtscussed redevelopment as an tmportant aspect Redevelopment
would be defined as the replacement of extsttng uses and structures wtth uses and structures that better
achieve prtvate and pubhc sector goals Redeveloping certatn porttons of the City north of the Green Ltne
tnto land use and development configurattons seems to be the best chotce
The Comprehensive Plan will be based on three (3) principals
Need to trace all elements back to the City Counctl ~ desired
outcomes (butldmg blocks) Economtc Vttahty, Safe Commumty,
Quahty Educatton and Ltfelong Learntng, Quahty Phystcal
Environment, Cultural and Recreattonal Opportuntttes, Famtly
and Youth Opportuntttes and Quahty Ctty Organtzatton
Parts of Virginia Beach are becoming more unhke each other
every day The rural area ts a dtsttnct area of the city and
deserves pohctes and treatment which would not work tf apphed
to the Lynnhaven Dtstrtct The majortty of restdents hve tn the
suburban areas (well developed and healthy) These areas also
require pohctes of protectton relattve tnapproprtate tnfill
pohctes, envtronmental tntruston, etc The Tourtst area between
the Martne Sctence Museum and 42"a Street, needs treatment by
the Ctty whtch would be tnapproprtate tf apphed anywhere else
Distinct neighborhoods also extst Chtc's Beach, Stratford
Chase, North Vtrgtnta Beach These netghborhoods all have thetr
own challenges and need to be dtfferenttated The I-264 Vtrgtnta
Beach Boulevard Corrtdor (stretchmgfrom Newtown to Btrdneck
Road) has etght (8) tnterchanges, whtch ts prtmartly tndustrtal,
commerctal and retatl tn nature Redevelopment should
probably be concentrated tn these areas
The Comprehenstve Plan must have a redevelopment strategy
that defines the process In order to matntatn the charactertsttcs
and keep the Ctty vtbrant and healthy, certatn aspects must
change
Open Space wtll be an "important glue" which, tn the future, holds the Ctty together The City Counctl ts
an tmportant leader tn open space Strategic growth areas wtll be discussed If the City grows the 1/2% to
3/4% per year, as tn the past fifieen (15) years, thts wtll sttll add approxtmately 75,000 individuals in 2 ~
decades. Through the efforts of Economtc Development and the Development Authortty, thousands of
meantngful jobs have been attracted to the Ctty Mr Scott shall have coptes of this Brtefing dtstrtbuted to
the Mayor and Ctty Counctl
Mayor Oberndorf expressed concerns relattve redevelopment Indtvtduals equate redevelopment wtth pubhc
houstng Some of the mtstakes of other Houstng /luthortttes tn thts regton have chased restdents out of thetr
parttcular ctty and tnto Vtrgtnta Beach Mr Scott advtsed the first step would be the definttton of
redevelopment
March 4, 2003
-10-
C I T Y MA N A G E R 'S BRIEFING
COMPREHENSIVE PLAN
ITEM # 50846 (Continued)
The Planntng Commtsston has coptes of the voluntary tool box which the Ctty Attorney developed and City
Counctl utdtzed durtng thetr retreat. Tax lnvestment Fund (TIF) and the Economic Development lncentive
Fund (EDIP) are tools already betng utthzed The Plannmg Commtsston ts chscusstng how these tools mtght
be better utthzed and whether to add other tools
Changes tn character of the netghborhoods are betng revtewed tn the Comprehensive Plan Concern was
expressed relattve mega homes in Sandbridge with ten (10) bedrooms Wtthtn the Rose Hall District,
rooms are rented out and manyfamthes occupy one home Home occupattons for repatr of automobiles ts
prevalent Concern was expressed relative code enforcement On Newtown Road, lovely homes on the
Carolanne stde have extsted for decades and now eleven (11) new homes are bemgproposed to be bmlt on
the Norfolk stde (agatnst the sound walls) wtth no curb and gutter Stormwater runoff comes onto the
Carolanne stde The Planntng Commtsston also needs to meet wtth the City of Norfolk
Mr Scott advtsed tn 1990, the Ctty had approxtmately 17,000 houses over the age of thirty (30)years. By
2002, the City will have approximately 140,000 houses over thirty (30) years old.
The Ctty Manager advtsed the Neighborhood Revitalization Plan Briefing has been scheduled for the City
Counctl Sesston of April First
Mr Scott advtsed approxtmately 33% of the residents Hve in rental housing, whtch ts almost prectsely the
nattonal average
Mr Scott advtsed relattve occupatton of homes by multt-famthes, the legal systems seem to prevent the
government tnterfertng wtth blood relattonshtps The Supreme Court has guaranteed the right of a certatn
number of people, unrelated by blood, to occupy the same house Over a certam number ts a reahsttc
problem
The Ctty Attorney advtsed Deputy City Attorney Btll Macah has written a paper concermng occupatton of
multi family homes A Briefing shall be scheduled for a Workshop Sesston
March 4, 2003
-11-
CITY MANAGER'S BRIEFING
SANDBRIDGE ROAD
3:25 P.M.
ITEM ii 5084 7
E Dean Block, Director of Pubhc Works, at the request ofCouncdman Schmtdt, shared another approach
relattve Sandbrige Road and Nimmo Parkway A prehmtnary compartson of the Sandbridge/Nimmo
Parkway Corridor was presented to City Counctl October 8, 2002 A brtefing re the Sandbridge Corridor
improvements was dehneated on January 14, 2003
Mr Block &splayed a map of the extsttng Master Transportation Plan:
There are four lanes of extstmg roadway on Ntmmo Parkway from General Booth to Upton Drtve by the new
WalMart. There ts a 2-lane connector from Upton down to Atwoodtown whtch provtdes an alternative access
to the netghborhood
The hne deptcted tn "purple" ts a 4-lane dtvtded roadway on Prtncess Anne Road from General Booth to
Upton (from 7 Eleven to Food Lton) also part of the Transttton area The other two specific ttems currently
on the MTP ts a four lane segment of Sandbrtdge Road runntngfrom Prtncess Anne / Upton to Atwoodtown
and a two-lane upgraded roadway on Sandbrtge Road
Counctlman Reeve advtsed the certatn potnt afier Atwoodtown ts no longer on Sandbrtdge Road, but Lotus
Drtve In the last five years the stgnage has been changed to dtrect traffic from Sandbridge to Lotus Drive.
Mr Block referenced
Alternative Package
Proceed wtth Sandbrtdge Safety Improvements (approxtmately
$2 4-MILLION cosO
Proceed wtth expanston of Princess Anne Road from General Booth to
Upton Drtve (Food Lton)
Proceed with Ntmmo Parkway 2-lane collector from Upton Drtve to
Atwoodtown Road (Cost Parttctpatton with VDOT)
Retain Sandbrtdge Road on the Master Transportatton Plan from
Upton Drive to Atwoodtown Road as 4-lane facthty to preserve
developer commttments
Delete Sandbrtdge Road from the Master Transportatton Plan east of
Atwoodtown Road Thts would
Provtde the safety tmprovements
There ts no fundtng avatlable for approximately 10 years
Thts would allow Ctty Counctl to constder ctrcumstances and need
when fundmg can be reahsttcally constdered
March 4, 2003
- 12-
CITY MANAGER'S BRIEFING
SANDBRIDGE ROAD
ITEM # 5084 7 (Continued)
The fundamental tssue ts the ehmtnatton from the Master Transportatton Plan of any roadway east of
Atwoodtown Road The Nimmo Parkway Phase VII right-of-way would also be retained Relattve costs,
the Nimmo 2-lane connector was esttmated at $3.8-MILLION, however, the actual Ctty costs rematn to
be determined The "blue" portion of Sandbrtdge Road (as a 4-lane htghway) would entail a cost of
approxtmately $12-MILLION
The utthzatton of tolls has not been constdered Councilman Reeve quoted The Beacon article August
29/30, 1990, entitled "Sandbridge Access"
"A new road from General Booth Boulevard to Sandbrtdge ts not tn the
Ctty's 10-year htghway constructton plan Ctty Counctlman Harold
Hetschober thtnks thts ts a bad tdea and the road should be moved up on
the prtortty hst He ts absolutely rtght To spend taxpayers' money ($2.8-
MILLION to start) on eroston control at Sandbrtdge without bmldtng safer
and more conventent access to the beach ts not fart Ntmmo Parkway to the
Beach has been on the Transportatton Plan for thtrty (30)years .... The
two-lane road that now serves the area ts unsafe"
The matn dtscusston potnt ts to determtne whether the permtt can be obtatned for Ntmmo Parkway from the
U S Army Corps of Engmeers If obtatned, the permtt would be good for 10 to I S years, therefore, the Ctty
can watt for funding The benefit of Ntmmo ts to have two (2) routes
Counctlman Schmtdt explatned hts alternattve for constderatton Councilman Schmtdt wtshed an alternattve
not tnvolvtng the envtronmental tmpacts of Ntmmo Phase VII or the Sandbrtdge wtdentng The Ctty does not
have the $42-MILLION to wtden Sandbrtdge Road or the $37-MILLION for Ntmmo VII Pressing needs of
the Ctty need to be addressed Item 6 of hts alternattve package shall be The Ntmmo Parkway Phase VII
rtght-of-way should be retamed
Vice Mayor Jones advtsed the current route of Sandbrtdge Road going through Lotus Creek tmpacts the
maxtmum number of homes Vice Mayor dones suggested the route come down through the large open space
rather than gotng through Lotus Creek Mr Block advtsed thts was the proposal of the Pohce Ctttzens
~ldvtsory Commtttee The Plan shouM have as httle dtsruptton to the communtty as posstble The CAC
alternative goes back behtnd the houses on the western stde of Sandbrtdge Road Informatton relattve the
cost of the CA C recommendatton wtll beprovtded The safety tmprovements for Sandbrtdge Road (estimated
at $2.4-MILLION) have not been destgned, however, the tmprovements have been estimated, based on a
focus mtntmtze any ktnd of rtght-of-way acqmsttton (not to tnvolve the Ftsh and Wtldhfe Servtce and stay
wtthtn extsttng rtghts-of-way), no dramattc tmprovement tn the curves, better delmeatton of the curves, more
hghttng to make the curves more vtstble, stgnahzatton, changes of stgnage even traffic calmtng acttvtttes
Counctlman Reeve referenced hts Resolutton relattve Ntmmo Parkway Phase VII extenston to Sandbrtdge
Road as bemg the long range Transportation Corridor to the Beach and MODIFY the Master
Transportation Plan (as tt extsted 2-~ years ago) Counctlman Reeve requested thts Resolutton be
constdered as the first ttem on March 11, 2003
Mr Block advtsed Ntmmo Parkway VII on the MTP ts a 4-lane sectton from Upton to Atwoodtown and a 2-
lane sectton from Atwoodtown to Sandbrtdge Beach Mr Block advtsed all three (3) proposed Resoluttons
modtfy the Master Transportatton Plan and need to be referred to the Planntng Commtsston
March 4, 2003
-13-
CITY MANA GER 'S BRIEFING
SANDBRtDGE ROAD
ITEM # 5084 7 (Continued)
Mr Block advtsed presentattons related to these Resolutions shall be tncluded tn C~ty Councd's package
Resolutions shall be scheduled for the Ctty Counctl Session of March 11, 2003, and placed on the Agenda
after the Planmng ttems to allow for suffictent pubhc comment
Safety improvements to Sandbrtdge Road
Ntmmo Parkway Phase VII extenmon from current termmus of
Atwoodtown Road to Sandbrtdge Beach (Mo&fy MTP)
Incorporate Citizens Advtsory Councd (CAC) Recommendatton for
Sandbrtdge Road west of Atwoodtown Road (Mo&fy MTP)
Delete from Master Transportation Plan Sandbrtdge Road east of
Atwoodtown Road The Ntmmo Parkway VII rtght-of-way would also
be retatned (Mo&fy MTP)
March 4, 2003
- 14-
AGENDA RE VIEW SESSION
4:55 P.M.
ITEM # 5O848
I 10rdtnance to AMEND the City Code
b 3~ 21-356 re Reflective Materials on vehtcles
Deputy Ctty Attorney Macah advtsed relattve sectton (b), the amendment ts hne 15
No person shall leave any vehtcle, attended or unattended, upon the
paved, tmproved or matn traveled portton of any htghway, o~,~ide of
1... _-2 ..........-I ..... -I_ ~ .... ~
The REVISED Ordznance was distributed
ITEM # 50849
12
Or&nance to DECLARE the EXCESS PROPERTY at
1876 Wildwood Drive, AUTHORIZE the City Manager
convey to same to Powell Development, L.L.C.
containing approxtmately 2 acres, and satd revenue to be
apphed to the Beach House acquzsttton and Community
Service Board (CSB) land acquzsztton reimbursement
(D[S TRIC T 5 - L YNNHA VEN
E-mad correspondence from Robert W Horton was referenced expresstng concern the property was not
offered for pubhc btd Mr Horton advtsed the assessed land value of the property at 1876 Wddwood Drtve
ts $609,849. The $615,000purchaseprtce offered by the Ctty ts far below what the Ctty should recetve Mr
Horton was prepared and tmme&ately wdlmg to pay $700, O00 for the property.
The City Manager advtsed staff ts recommendtng INDEFINITE DEFERRAL and to &rect the staff to
readverttse the property for btd
The Ctty Attorney advtsed the land would not be bid, rather proposals would be solicited The Ctty ts not
reqmred to adverttse this sale The Ctty would be reqmred to advertise re a lease of property The Ctty ts
not obhgated to take the htghest offer
Counctlman Wood advtsed thts ttem was dtscussed tn Closed Sesston prevtously and the Ctty Counctl gave
dtrectton to the Real Estate Department Thts conveyance was the result Counctlman Wood wtshed thts ttem
dtscussed tn the Formal Sesston
ITEM # 50850
Mayor Oberndorf advtsed all items on the Ctty Counctl Agenda shall be constdered separately
March 4, 2003
- 15-
ITEM # 50851
Mayor Meyera E Oberndorf called to order the INFORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Ctty Counctl Conference Room, Ctty Hall Butldtng, on Tuesday, March 4, 2003, at 5 06
PM
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dsm
Reeve, Peter W Schmtdt, Rosemary Wtlson and James L Wood
Council Members Absent
Ron A Vtllanueva
March 4, 2003
-16-
ITEM # 50852
Mayor Meyera E Oberndorf entertatned a motton to permtt Ctty Counctl to conduct tts CLOSED
SESSION, pursuant to Sectton 2 1-344(A), Code of I~trgtnta, as amended, for the followtng purpose
PERSONNEL MATTERS Dtscusston, constderatton or tntervtews
of prospecttve candidates for employment, asstgnment, appotntment,
promotton, performance, demotton, salartes, dtsctphntng, or
restgnatton of spectfic pubhc officers, appointees, or employees
pursuant to Section 2 2-3 711 (A) (1)
To Wit Appotntments
Boards and Commtsstons
Human Rtghts Commtsston
Mtnortty Business Council
The Planntng Counctl
PUBLICL Y-HELD PROPERTY Dtscusston or constderatton of the
acqutsttton of real propertyfor a pubhc purpose, or of the dtsposttton
of pubhcly-held real property, where dtscusston tn an open meeting
would adversely affect the bargatmngposttton or negottattng strategy
of the pubhc body pursuant to Sectton 2 2-3711(A)(3)
Lake Gaston Rehcenstng Agreement
Acqutsttton/Dtsposttton of Property - Baystde Dtstrtct
Upon motton by Vtce Mayor Jones, seconded by Counctl Lady Eure, Ctty Counctl voted to proceed tnto
CLOSED SESSION.
Voting 10-0
Council Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S McClanan,
Rtchard A Maddox, Mayor Meyera E Oberndorf, dtm Reeve, Peter W Schmtdt,,
Rosemary Wtlson and James L Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
Ron A Vtllanueva
(5:06 P.M. - 6:00 P.M.)
March 4, 2003
-17-
FORMAL SESSION
VIRGINIA BEACH CITY COUNCIL
March 4, 2003
6:00 P.M.
Mayor Meyera E Oberndorf called to order the FORMAL SESSION of the VIRGINIA BEACH CITY
COUNCIL tn the Counctl Chamber, Ctty Hall Butldtng, on Tuesday, March 4, 2003, at 6 O0 P M
Counctl Members Present
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba
S McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim
Reeve, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and
James L Wood
Counctl Members Absent
None
INVOCATION Reverend Rod Puckett
Assoctate Pastor, Avalon Halls Btble Church
PLEDGE OF ALLEGIANCE TO THE FLAG OF THE UNITED STATES OF AMERICA
Mayor Oberndorf congratulated Counctlman Ron Vtllanueva on the btrth of hts daughter, Ehse, Frtday,
February 28, 2003, at 3 52 A M wezghtng 7pounds 2 ounces The Vtllanuevas' are also movtng tnto a new
home
March 4, 2003
Item V-E.
- 18-
CER TIFICA TION OF
CLOSED SESSION
ITEM # 50853
Upon motton by Vtce Mayor Jones, seconded by Counctlman Wood, Ctty Counctl CERTIFIED THE
CLOSED SESSION TO BE IN ACCORDANCE WITH THE MOTION TO RECESS.
Only pubhc bustness matters lawfully exempted from Open Meettng
requtrements by Vtrgtnta law were dtscussed tn Closed Sesston to whtch
thts certtficatton resolutton apphes,
AND,
Only such pubhc bustness matters as were identified tn the motion
convemng the Closed Sesston were heard, discussed or considered by
Vtrgtnta Beach Ctty Counctl
Vottng 10-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, dsm Reeve,
Peter W Schmtdt, Rosemary Wtlson and James L Wood
Councd Members Vottng Nay
None
Councd Members Abstatntng
Ron A Vtllanueva
Counctl Members Absent
None
Counctlman Vtllanueva ABSTAINED as he was not tn attendance during the Ctty Council Closed Sesston
March 4, 2003
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 # 50852, page 16, and m accordance with the
provisions of The Virginia Freedom of Information Act; and,
WHEREAS Section 2 2-3 711(A) of the Code of Vlrglma requires a certification by the governing
body that such Closed Session was conducted in conformity with Virginia law
NOW, THEREFORE, BE IT RESOLVED' That the Vlrg~ma 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
.R/uth H0dges S~mltl~, MMC
City Clerk
March 4, 2003
-19-
Item V-F. 1.
MINUTES
ITEM # 50854
Upon motton by Counctl Lady Wtlson, seconded by Councilman Schmtdt, Ctty Counctl APPROVED the
Mtnutes of the INFORMAL AND FORMAL SESSIONS of February 25, 2003.
Voting 11-0
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 4, 2003
- 20-
Item V-G.
ADOPT AGENDA
FOR FORMAL SESSION
ITEM ii 50855
BY CONSENSUS, Ctty Counctl ADOPTED:
AGENDA FOR THE FORMAL SESSION
March 4, 2003
Item V-G.I.
- 21 -
INTRODUCTION
ITEM # 50856
Mayor Oberndorf recogmzed the following Boy Scouts tn attendance who are worktng on their "citizenship
in the community" badge
BOY SCOUT TROOP 79
Sponsored by Eleventh Battalion at Fort Story
David Stevenson
Scout Master
Ken Stevenson
Merit Badge Counselor
Josh Gully
Juan Davila
Daniel Lewis
Blair Brennan
Danny Anderson
March 4, 2003
Item V-H. 1.
- 22 -
PUBLIC HEARING
ITEM # 50857
Mayor Oberndorf DECLARED A PUBLIC HEARING:
Excess property at 1876 Wtldwood Drtve re Powell Development, LLC
The followtng regtstered to speak tn OPPOSITION:
Robert Horton, 3288 Page Avenue #309, Phone 655-5064, expressed concern theproperty was not offered
for pubhc btd Mr Horton advtsed the assessed land value of the property at 1876 Wtldwood Drtve ts
$609,840. The $615,000 purchase prtce offered by the City ts far below what the City should recetve Mr
Horton was prepared and verbally offered $ 700, O00 for the property Mr Horton proposes to construct
town house condomtntums, range of $350, 000, conststmg of all or parttal brtck extertor
There betng no further speakers, Mayor Oberndorf CLOSED THE PUBLIC HEARING
March 4, 2003
Item V-I.l.a.
ORDINANCES
- 23 -
ITEM # 50858
Upon motton by Vtce Mayor Jones, seconded by Councdman Reeve Ctty Counctl ADOPTED:
Orchnance to AMEND Ctty Code
~ 7-9 re Bicycles, Mopeds and Rental Agencies, comphance with
advertising restrictions
Vottng 11-0
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
March 4, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Requested by Councilmember Richard Maddox
AN ORDINANCE TO AMEND AND
REORDAIN SECTION 7-9 OF THE
CITY CODE PERTAINING TO BICYCLE
EQUIPMENT REQUIREMENTS AND
ADVERTISING PROHIBITIONS
Section Amended' § 7-9
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA:
That Section 7-9 of the City Code is hereby amended and
reordained to read as follows:
CHAPTER 7. BICYCLES AND MOPEDS
ARTICLE I. IN GENERAL
· · · ·
Sec. 7-1. Definitions
For the purposes of this chapter, the following words shall
have the meanings ascribed to them in this section, unless clearly
indicated to the contrary:
Bicycle: A device propelled solely by human power, having
pedals, two (2) or more wheels, and a seat height of more than
twenty-five (25) inches from the ground when adjusted to its
maximum height.
Sec. 7-9. Rental agencies to comply with equipment requirements~l
advertising prohibitions.
k No rental agency or other establishment shall r~rt rent or
offer any bicycle, electric power-assisted bicycle or moped for
27
28
29
30
31
32
33
rent unless the bicycle or moped is equipped with all equipment
required by this chapter, nor shall any such agency or
establishment rent or offer any bicycle which displays any signage
or other advertisinq matter for use on the Boardwalk or bicycle
path east of Atlantic Avenue except for one siqn not exceedinq one
(1) square foot in area and displaying only the name and location
of the rental agency or establishment.
34
35
36
37
38
39
Adopted by the Council of the City of Virginia Beach,
Virginia, on the 4th day of March, 2003.
CA-8765
wmm\ordre s ~bikerent alordin, wpd
February 24, 2003
R-2
Item V-Ll.b.
ORDINANCES
- 24 -
ITEM # 50859
Upon motion by Vice Mayor Jones, seconded by Councilman Reeve Ctty Councd ADOPTED, AS
REVISED:
Ordinance to AMEND City Code
~ 21-356 re Reflective Material on vehtcles
Sec 21-345 Stopptng or parktng on htghway generally
(b) No person shall leave any vehtcle, attended or unattended,
upon the paved, tmproved or mare traveled portton of any
highway, - ..... J- of a L ................. ~ ..... J ........
Vottng 1 I-O
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor MeyeraE Oberndorf Jim Reeve,
Peter W Schmtdt, Ron A Vdlanueva, Rosemary Wdson and James L
Wood
Councd Members Voting Nay
None
Councd Members Absent
None
March 4, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Alternative Version
AN ORDINANCE TO AMEND AND REORDAIN
SECTION 21-356 OF THE CITY CODE
REQUIRING REFLECTIVE MATERIAL ON
CERTAIN VEHICLES
SECTION AMENDED- ~ 21-356
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VIRGINIA
BEACH, VIRGINIA-
That Section 21-356 of the City Code is hereby amended and
reordained, to read as follows:
Sec. 21-356. Stopping or parking on highways generally.
(b) No person shall leave any vehicle, attended or
unattended, upon the paved, improved or main-traveled portion of
any highway, outside of a business or residence district, when it
is practicable to leave such vehicle standing off the paved,
improved or main-traveled portion of such highway. In no instance
shall such vehicle be parked with the rear wheels farther than six
(6) inches from the curb. .Further, all trailers with a gross
vehicle weight of less than 10,000 pounds shall either be fitted
with reflective tape or sheeting on the rear upright side posts of
the trailer in a manner clearly visible to approaching traffic, or
shall place a reflective cone behind the rear portion of the
trailer which is closest to the center of the street.
26
27
Adopted by the City Council of the City of Virginia Beach,
Virginia, on this 4th day of March, 2003.
CA-8758
DATA/ODIN/PROPOSED/Sec.21-356(b).ord.wpd
FEBRUARY 14, 2003
RI
Item V-I.2.a.
ORDINANCES
- 25 -
ITEM # 50860
Attorney R E Bourdon, represented the apphcatton, Phone, 499-897], &str~buted a concept of theproject
A MOTION was made by Councdman Wood, seconded by Counctlman Schmtdt to ADOPT
Ordtnance to DECLARE the EXCESS PROPERTY at 1876 Wtldwood
Drtve, AUTHORIZE the City Manager convey to same to Powell
Development, L.L.C. contatnmg approxtmately 2 acres, and satd revenue
to be apphed to the Beach House acqutsttton and Community Service
Board (CSB) land acqutsttton retmbursement (DISTRICT 5-
L YNNHA VEN)
Vottng
8-2 (MOTION TO ADOPT FAILED FOR LACK OF 9 VOTES)
Councd Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vice Mayor Louts R Jones, Rtchard A
Maddox, Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wilson and
James L Wood
Councd Members Voting Nay
Mayor Meyera E Oberndorf and Reba S McClanan
Councd Members Abstatntng
Jtm Reeve
Councd Members Absent
None
Councdman Reeve ABSTAINED as he was not present durtng the particular CLOSED SESSION when
dtsposttton of thts property was dtscussed
March 4, 2003
- 26-
Item V-l.2.b.
ORDINANCES
ITEM # 50861
Upon motion by Vice Mayor clones, seconded by Councilman Schmtdt, Ctty Counctl
DIRECTED the Real Estate Agent to READ VERTISE FOR REQUEST
FOR PROPOSAL (RFP) (development, acquisition, sale of two (2) acres
of property located at 1876 Wildwood Drive)
Vottng 11-0
Counctl Members Voting Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R clones, Reba S
McClanan. Rtchard A Maddox, Mayor Meyera E Oberndorf, dsm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and dames L
Wood
Counctl Members Voting Nay
None
Counctl Members Absent
None
March 4, 2003
Item VJ. 3.
ORDINANCES
-27-
ITEM # 50862
Upon motion by Counctlman Reeve, seconded by Vtce Mayor Jones, Ctty Council ADOPTED:
Ordinances to AUTHORIZE temporal_ encroachments tnto
Ctty-owned right of way at Wtlderness Lane tn West Neck
Vtllages for Baymark Construction re a concrete golf cart-path
(DISTRICT 7 - PRINCESS ANNE)
The followtng condtttons shall be requtred
The temporary encroachment shall be constructed and
matntamed tn accordance wtt the laws of the Commonwealth of
Vtrgtnta, the City of Vtrgtnta Beach and tn accordance wtth the
Ctty's spectficattons and approval
The temporary encroachment shall termmate upon nottce by the
Ctty to the Grantee, and that wtthtn thtrty (30) days after the
notice ts gtven, the temporary encroachment must be removed
from the encroachment area by the Grantee, and the Grantee
will bear all costs and expenses of such removal
The Grantee shall tndemntfy and hold harmless the Ctty, tts
agents and employees from and agatnst all claims, damages,
losses and expenses, tncludtng reasonable attorney's fees tn case
tt shall be necessary to file or defend an actton artstng out of the
locatton or extstence of the temporary encroachment
Nothing herein contained shall be construed to enlarge the
permtsston and authortty to permit the matntenance or
constructton of any encroachment other than that spectfied
heretn and to the hmtted extent spectfied heretn, nor to permtt
the matntenance and construction of any encroachment by
anyone other than the apphcant
5 The Grantee agrees to matntatn the temporary encroachment so
as not to become unstghtly or a hazard
The Grantee must obtatn a permtt from the Office of
Development Servtces Center/Planntng Department prtor to
commenctng any constructton wtthtn the encroachment area
Prtor to tssuance ora rtght-of-way permit, the apphcant must
post surettes tn accordance wtth the project engmeer's cost
estimate, to the Office of Development Servtces Center/Planntng
Department
March 4, 2003
Item V-L3.
ORDINANCES
Vottng 11-0
- 28 -
ITEM # 50862 (Continued)
The Grantee shall obtatn and keep tn force all rtskproperty
insurance and general habthty or such tnsurance as ts deemed
necessary by the Ctty, and all tnsurance pohctes must name the
Ctty as addtttonal named tnsured or loss payee, as apphcable
The apphcant must also carry comprehenstve general habthty
tnsurance tn an amount not less than five hundred thousand
dollars ($500,000), combtned stngle hmtts of such insurance
pohcy or pohctes The apphcant must provtde endorsements
provtdtng at least thtrty (30) days wrttten nottce to the Ctty prtor
to the cancellatton or termtnatton of, or material change to, any
of the msurance pohctes The apphcant assumes all
responstbthttes and habthttes, vested or conttngent, wtth relatton
to the temporary encroachment
The City, upon revocation of such authortty and permtsston so
granted, may remove the temporary encroachment and charge
the cost thereof to the apphcant and collect the cost tn any
mannerprovtded by law for the collectton of local or state taxes,
may requtre the apphcant to remove such temporary
encroachment, and, pendtng such removal, the Ctty may charge
the apphcant for the use of such portton of the Ctty's rtght-of-
way encroached upon the equtvalent of what wouM be the real
property tax upon the land so occupted tf tt were owned by the
apphcatnt, and tf such removal shall not be made wtthtn the ttme
spectfied by the Ctty, the Ctty shall tmpose a penalty tn the sum
of One Hundred Dollars ($100 00) per day for each and every
day that such temporary encroachment ts allowed to conttnue
thereafter, and, shall collect such compensatton and penalttes tn
any manner provtded by law for the collectton of local or state
taxes
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jim Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Voting Nay
None
Council Members Absent
None
March 4, 2003
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
Requested by Department of Public Works
AN ORDINANCE TO AUTHORIZE TEMPORARY
ENCROACHMENTS INTO A PORTION OF THE
RIGHT-OF-WAY OF WILDERNESS LANE BY
BAYMARK GOLF, L.L.C., ASSIGNS AND
SUCCESSORS IN TITLE
WHEREAS, BAYMARK GOLF, L.L.C., desire to maintain a
concrete golf cart-path into the City's r~ghts-of-way located along
Wilderness Lane.
WHEREAS, City Council ~s authorized pursuant to ~ 15.2-
2009 and 15.2-2107, Code of V~rgin~a, 1950, as amended, to
authorize a temporary encroachments upon the C~ty's right-of-way
subject to such terms and condmt~ons as Council may prescribe.
NOW, THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, VIRGINIA:
That pursuant to the authority and to the extent thereof
contained in §~ 15.2-2009 and 15.2-2107, Code of Virgmn~a, 1950, as
amended Baymark Golf, L.L.C., assigns and successors in t~tle are
authorized to maintain a temporary encroachment for a concrete golf
cart-path ~n the City's r~ght-of-way as shown on the map entitled'
"EXHIBIT OF THE VILLAGES at WEST NECK SHOWING ENCROACHMENTS BY GOLF
CARTPATHS INTO WILDERNESS LANE RIGHT-OF-WAY SEPTEMBER 11, 2002", a
copy of whzch is on file mn the Department of Public Works and to
which reference is made for a more partmcular descr~ptzon; and
25
26
27
28
29
30
31
32
33
34
35
36
BE IT FURTHER ORDAINED, that the temporary encroachments
are expressly subject to those terms, conditions and criteria
contamned mn the Agreement between the City of Vmrglnma Beach and
Baymark Golf, L.L.C., (the "Agreement") which is attached hereto
and ~ncorporated by reference; and
BE IT FURTHER ORDAINED that the C~ty Manager or hms
authorized designee is hereby authorized to execute the Agreement.
BE IT FURTHER ORDAINED, that thms Ordmnance shall not be
in effect until such time as Baymark Golf, L.L.C. and the City
Manager or hms authorized designee execute the Agreement.
Adopted by the Council of the City of Vmrginia Beach,
V~rglnma, on the 4th day of March , 2003.
37
38
39
40
41
42
43
44
45
46
47
48
CA-#
gsalmons/baymark/ord.
R-1
PREPARED: 01.22.03
~OVED AS TO CONTENTS
S I~NA~
DEPARTMENT
APPROVED AS TO LEGAL
SUFFICIENCY AND/-P~
CITY AT~ORNE~ -~
PREPARED BY VIRGINIA BEACH
CITY ATFORNEY'S OFFICE
EXEMPTED FROM RECORDATION TAXES
UNDER SECTIONS 58 1-81 l(a)(3)
AND 58 1-811(c)(4) REIMBURSEMENT
AUTHORIZED UNDER SECTION 25-249
THIS AGREEMENT, made this
day of
,2003, by and between
the CITY OF VIRGINIA BEACH, VIRGINIA, a municipal corporation, Grantor, "City", and
BAYMARK GOLF, L.L.C., ASSIGNS AND SUCCESSORS IN TITLE, "Grantee", even though
more than one.
WITNESSETH:
That, WHEREAS, the Grantee is the owner of that certain lot, tract, or parcel of land
known as The Signature at West Neck Golf Course, further designated and described as follows:
PARCEL ONE: ALL THOSE CERTAIN pieces or parcels of land, with
the buildings and improvements thereon and the appurtenances thereunto
belonging, situate, lying and being in the City of Virginia Beach, Virginia,
and being known, numbered and designated as "GOLF COURSE
PARCEL 1-3", "GOLF COURSE PARCEL 4-11, 17, 18", "GOLF
COURSE PARCEL 12-13", and "GOLF COURSE PARCEL 14-16",
all as shown on that certain plat emitled "SUBDIVISION OF VILLAGE
E, F, G, H, & GOLF COURSE AT 'WEST NECK' FOR BAYMARK
CONSTRUCTION CORPORATION, REF. D.B. 4129 PG. 1937,
D.B.4129 PG. 1939, D.B. 4081 PG. 700, M.B. 279 PG. 82-84,
GPIN:
1493-63-7894-0000
VIRGINIA BEACH, VIRGINIA", which said plat is duly recorded in the
Clerk's Office ofthe Circuit Court ofthe City of Virginia Beach, Virginia
in Map Book 303, at pages 96 through 107, inclusive.
PARCEL TWO: ALL THOSE CERTAIN pieces or parcels of land,
with the buildings and improvements thereon and the appurtenances
thereunto belonging, situate, lying and being in the City of Virginia
Beach, Virginia, and being known, numbered and designated as
"PARCEL C" and "PARCEL D", as shown on that certain plat emitled
"SUBDIVISION OF VILLAGE A AT 'WEST NECK' FOR
BAYMARK CONSTRUCTION CORPORATION, REF. D.B. 4129 PG.
1939 M.B. 279 PG. 82-84, VIRGINIA BEACH, VIRGINIA", which
said plat is duly recorded in the Clerk's Office ofthe Circuit Court ofthe
City of Virginia Beach, Virginia in Map Book 290, at pages 1 through 8,
inclusive.
Parcel One BEING the same property conveyed to the Grantee by Deed
of Baymark Construction Corporation dated March 19, 2002 and duly
recorded in the aforesaid Clerk's Office in Deed Book 4655, at Page
0604. Parcel Two BEING the same property conveyed to the Grantee
by Deed of Baymark Construction Corporation dated June 19, 2002 and
duly recorded in the aforesaid Clerk' s Office in Deed Book 4721, at Page
0834.
WHEREAS, it is proposed by the Grantee to maintain an existing concrete golf-cart
path, "Temporary Encroachment", in the City of Virginia Beach;
WHEREAS, in maintaining the existing Temporary Encroachment, it is necessary that
the Grantee encroach into a portion of an existing City right of way along Wilderness Lane "The
Temporary Encroachment Area"; and
WHEREAS, the Grantee has requested that the City permit a Temporary
Encroachmem within The Encroachment Area.
NOW, THEREFORE, for and in consideration of the premises and of the benefits
accruing or to accrue to the Grantee and for the further consideration of One Dollar ($1.00), in hand
paid to the City, receipt of which is hereby acknowledged, the City doth grant to the Grantee
permission to use The Encroachmem Area for the purpose of maintaining the existing Temporary
Encroachment.
It is expressly understood and agreed that the Temporary Encroachment has been
constructed and will bemaintained in accordance with the laws of the Commonwealth of Virginia
and the City of Virginia Beach, and in accordance with the City's specifications and approval and
is more particularly described as follows, to wit:
A Temporary Encroachment into The Encroachment
Area as shown on that certain plat entitled: "EXHIBIT
OF THE VILLAGES at WEST NECK SHOWING
ENCROACHMENTS BY GOLF CARTPATHS INTO
WILDERNESS LANE RIGHT-OF-WAY
SEPTEMBER 11, 2002," a copy of which is attached
hereto as Exhibit "A" and to which reference is made
for a more particular description.
It is further expressly understood and agreed that the Temporary Encroachment herein
authorized terminates upon notice by the City to the Grantee, and that within thirty (30) days atter
the notice is given, the Temporary Encroachment must be removed from The Encroactunent Area
by the Grantee; and that the Grantee will bear all costs and expenses of such removal.
It is further expressly understood and agreed that the Grantee shall indemnify and hold
harmless the City, its agents and employees, from and against all claims, damages, losses and
expenses including reasonable attorney's fees in case it shall be necessary to file or defend an action
arising out of the location or existence of the Temporary Encroachment.
It is further expressly understood and agreed that nothing herein contained shall be
construed to enlarge the permission and authority to permit the maintenance or construction of any
encroachment other than that specified herein and to the limited extent specified herein, nor to permit
the maintenance and construction of any encroachment by anyone other than the Grantee.
It is further expressly understood and agreed that the Grantee agrees to maintain the
Temporary Encroachment so as not to become unsightly or a hazard.
It is further expressly understood and agreed that the Grantee must obtain a permit
from the Office of Development Services Center/Planning Department prior to commencing any
construction within The Encroachment Area.
It is further expressly understood and agreed that prior to issuance of a right of way
permit, the Grantee must post sureties, in accordance with their engineer's cost estimate, to the
Office of Development Services Center/Planning Department.
It is further expressly understood and agreed that the Grantee must obtain and keep
in force all-risk property insurance and general liability or such insurance as is deemed necessary by
the City, and all insurance policies must name the City as additional nmned insured or loss payee,
as applicable. The Grantee also agrees to carry comprehensive general liability insurance in an
amount not less than $500,000.00, combined single limits of such insurance policy or policies. The
Grantee will provide endorsements providing at least thirty (30) days written notice to the City prior
to the cancellation or termination of, or material change to, any of the insurance policies. The
Grantee assumes all responsibilities and liabilities, vested or contingent, with relation to the
Temporary Encroachment.
It is further expressly understood and agreed that the City, upon revocation of such
authority and permission so granted, may remove the Temporary Encroachment and charge the cost
thereof to the Grantee, and collect the cost in any manner provided by law for the collection of local
or state taxes; may require the Grantee to remove the Temporary Encroachment; and pending such
removal, the City may charge the Grantee for the use of The Encroachment Area, the equivalent of
what would be the real property tax upon the land so occupied if it were owned by the Grantee; and
if such removal shall not be made within the time ordered herein above by this Agreement, the City
may impose a penalty in the sum of One Hundred Dollars ($100.00) per day for each and every day
that the Temporary Encroachment is allowed to continue thereafter, and may collect such
compensation and penalties in any manner provided by law for the collection of local or state taxes.
IN WITNESS WHEREOF, the said Baymark Golf, L.L.C. has caused this agreement
to be executed by Richard S. Foster, Manager of Baymark Golf, L.L.C., a limited liability company,
with due authority to bind said limited liability company. Further, that the City of Virginia has
caused this agreement to be executed in its name and on its behalf by its City Manager and its seal
be hereunto affixed and attested by its City Clerk.
CITY OF VIRGINIA BEACH
By
City Manager/Authorized
Designee of the City Manager
(SEAL)
ATTEST:
City Clerk
BAYMARK GOLF, L.L.C.
Richard S. Foster, Manager
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrument was acknowledged before me this
day of
,2003, by
, City Manager/Authorized Designee of the
City Manager of the City of Virginia Beach, Virginia, on its behalf. He / She is personally known
to me.
Notary Public
My Commission Expires:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
The foregoing instrmnent was acknowledged before me this
day of
,2003, by RUTH HODGES SMITH, City Clerk for the City of Virginia Beach,
Virginia, on its behalf. She is personally known to me.
My Commission Expires:
Notary Public
STATE OF [,il r01fl ~ ii,
CITY/COUNTY dF ~Jl r'[J ~1 i/4 ~t~/Lto-wit:
I'
The foregoing instrumem was acknowledged before me this
day of
0Fi,r~ U{{. ~'t,~ ,2003, by Richard S. Foster, Manager, on behalf of Baymark Golf, L.L.C. He
-r j
is personally known to me or~ DO~
__as i&ntin~ation.
I
My Commission Expires:
APPROVED AS TO
LEGAL SUFFICIENCY
APPROVED AS TO CONTENT
"', ,, t~,, -~
EITY REAL ESTATE AGENT
Rev 07-24-02
0o
HAYDEN
No
d)
FRYE
352
200
INDEX SHEET
EXHIBIT
OF THE
VILLAGES at WEST NECK
SHOWING ENCROACHMENTS
BY
GOLF CAR'I'PATHS
INTO
WILDERNESS LANE RIGHT-OF-WAY
SEPTEMBER 11, 2002
1 O0 0 200 4-00
6OO
SCALE 1"=200
SHEET 1 OF 6
1
PARCEL 4-ii, ~7,18
BAYMARK GOLF, LL.C.
M.B 303, PG. 96-107
DB 4655, PG 604
GPIN-1493-63-7894
29
~LTH
o
HAYDEN R
77-1E
' ITAF
l~t~OUP
GOLF COURSE
PARCEL l-3
BAYMARK GOLF, L L.C.
IV[ B 303, PG 96-107
D B 4655, PG. 604
GPIN=1493-63-7894
INDICATES ENCROACHMENT AREA
EXHIBIT
OF THE
VILLAGES at WEST NECK
SHOWING ENCROACHMENTS
BY
GOLF CARTPATHS
INTO
WILDERNESS LANE RIGHT-OF-WAY
SEPTEMBER 11, 2002
50 15 0 30 60 90
SCALE 1"= 50
SHE'_ET 2 OF 6
PARCEL 4-11, 17,18
BAYMARK GOLF, L L.C.
M.B 303, PG. 96-107
D.B. 4655, PG 604
GPIN=1498-63-7894
3 20'
HAYDEN
r_~ No
F~ INDICATES ENCROACHMENT AREA
TAF
IGROUP
[OOI~.Ni')MARK SQUAR[:~ VIRGiN'IA IIFACII VA 23452
PHONI- (757~ 3aO-50$5-1',~X ~757~a22
30 15 0
EXHIBIT
OF THE
VILLAGES at WEST NECK
SHOWING ENCROACHMENTS
BY
~LF CARTPATHS
INTO
WILDERNESS LANE RIGHT-OF-WAY
SEPTEMBER 11, 2002
30 60 90
SCALE 1"= 30
SHEET 3 OF 6
PARCEL 4-11, 17,18
BAYMARK GOLF, L.L.C.
M.B. 303, PG 9~-107
D.B. 4655, PG 604
GPIN=1493-63-7894
4 96'
F-'-~ INDICATES ENCROACHMENT AREA
TAF
GROUP
100 LANDMARF~ SQUARE. ". IRG[NIA BF..ACll V ~ 23452
PtlONF (7~7~ 34O-5O55 F%X (759) 422 I?qO
30
15
EXHIBIT
OF THE
VILLAGES at WEST NECK
SHOWING ENCROACHMENTS
BY
GOLF CARTPATHS
iNTO
WILDERNESS LANE RIGHT-OF-WAY
SEPTEMBER 11, 2002
50 60 90
SCALE 1"= 30
SHEET 4- OF 6
ARCEL 4-11, 17,18
BAYMARK GOLF, L.L.C.
M.B. 303, PG. 96-107
D.B 4655, PG. 604
GPIN=1493-63-7894 ~'
GOLF COURSE
PARCEL 1-3
BAYMARK GOLF, L.L.C.
M.B 808, PG 96-107
DB
G
r'~j INDICATES ENCROACHMENT AREA
7-f./E'
]TAF
I~,~UP
PHONE (~57~ 340-$05S · F ~.X. (757) 421
50 15 0
EXHIBIT
OF THE
VILLAGES at WEST NECK
SHOWING ENCROACHMENTS
BY
GOLF CARTPATHS
INTO
WILDERNESS LANE RIGHT-OF-WAY
SEPTEMBER 11, 2002
30 60 90
SCALE 1"= 50
SHEET 5 OF 6
GOLF COURSE
PARCEL 4-11,
17 AND 18
BAYMARK GOLF, L.L.C.
M.B. 303, PG 96-107
D.B 4655, PG. 604
GPIN=1493-63-7894
98 4,5'
GOLF COURSE
PARCEL 1-3
BAYMARK GOLF, L.L.C
M B 303, PG 96-107
DB 4655, PG 604
GPIN=1493-63-7894
15 66'
4,8.
30 15 0 30
6O
SCALE 1"= J0
/~~7-HE
TAF
IGROUP
~-~ INDICATES ENCROACHMENT AREA
EXHIBIT
OF THE
9o VILLAGES at WEST NECK
SHOWING ENCROACHMENTS
BY
GOLF CARTPATHS
INTO
WILDERNESS LANE RIGHT-OF-WAY
SEPTEMBER 11, 2002
SHEET 6 OF 6
LOCATION MAP
/
/ //
I
I
//
) /....
//
'"" //
\ \ /{" <" /
\ / ~ ~ "'/~/ /
~", I f ~'/-" × // '~ ~ - ~ -
,....!,,/ ,-,,, x..x,/5..,., ~,~ ,,.;:: x' ,,
Y"' ~., I\ ...~.~<,,.~,,~ // ',,.
//
SEE "EXHIBIT~/OF THE
VILLAGES AT ~V~EST NECK"
FO R DETAILS
(A'TTACH ED)
,/
h
//
//
LOCATION MAP
SHOWING
ENCROACHMENT REQUESTED ~-?
BY BAYMARK GOLF L.L.C. ,,,
INTO CITY RIGHT-OF-WAY
ALONG WILDERNESS LANE
/;
,,/' SCALE: 1" -- 200'
/
/
/ ' '/1
BAYMARK GOLF.DGN M.J.S. PREPARED BY PM/ ENG. CADD DEPT. JAN. 9, 2003
- 29 -
Item V-I. 4.
ORDINANCES
ITEM # 50863
Upon motton by Counctl Lady Wtlson, seconded by Counctlman Dtezel, Ctty Counctl ADOPTED:
Ordtnance to ACCEPT and APPROPRIATE a $118, 849 Grant from the
United States Justtce Department re computer software, technologF
upgrades, and trammg tn leadershtp and ethtcs for the Police Department
Vottng l I-O (By Consent)
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 4, 2003
10
11
12
13
14
15
16
17
18
19
AN ORDINANCE TO ACCEPT AND APPROPRIATE
$118,849 IN GRANT FUNDING FROM THE UNITED
STATES DEPARTMENT OF JUSTICE TO THE POLICE
DEPARTMENT'S FY 2002-03 OPERATING BUDGET FOR
THE PROFESSIONAL STANDARDS DIVISION TO
IMPLEMENT A NEW COMPUTER SOFTWARE SYSTEM,
TECHNOLOGY UPGRADES FOR EQUIPMENT, AND
DEPARTMENTAL TRAINING IN LEADERSHIP AND ETHICS
WHEREAS, the City of Virginia Beach Police Department has
received a federal grant for $118,849 from the United States
Department of Justice to implement new computer software,
technology upgrades, and training in leadership and ethics.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY
OF VIRGINIA BEACH, Virginia:
That $118,849 in grant funds from the United States
Department of Justice is hereby accepted and appropriated to the
Police Department's FY 2002-03 Operating Budget for new computer
software, technology upgrades, and training in leadership and
ethics, with revenue increased accordingly.
20
21
Adopted by the Council of the City of Virginia Beach,
Virginia on the 4th day of March , 2003.
CA-8761
Ordin/Noncode/integrityord.wpd
R-4 - February 21, 2003
Management Services
Approved as to legal sufficiency-
~ 'Department
U.S. Department of Justice
Office of Community Oriented Policing Services
! 100 Vermont Avenue, NW
Washington, D.C 20530
February 3, 2003
Alfred Jacocks, Jr.
Chief of Police
Virginia Beach, City of
2509 Princess Anne Road
Virginia Beach, VA 23456
RE: Grant # 2002-HS-WX-0035
Dear Chief Jacocks:
I am pleased to inform you that your award for "Creating a Culture of Integrity" has been approved in
the amount of $118,849. The project period for this Grant is 9/1/2002 - 8/31/2003. Your agency will
have one full year to implement your grant. No-cost extension requests will be considered in the last
quarter of the grant period.
Enclosed in this packet is the award document that you and your Government Executive must sign.
On the back of the award document is a list of terms and conditions that will apply to your award. Be
sure to familiarize yourself with these terms and conditions. To officially accept the terms and the
award, please sign this document and return the original to the COPS Office within 45 days.
Failure to submit the signed award document in this 45-day period could result in COPS withdrawing
your program and de-obligating your funds.
The most updated version of the OJP Financial Guide is now on the Intemet at
www. ojp.usdoj.gov/FinGuide. Please contact us if you have questions concerning the most updated
OJP Financial Guide or its use in the proper financial management of this award. Also in this packet
are additional materials relating to payment methods and procedures for receiving your award funds.
Should you have any questions concerning matters related to this award, please do not hesitate to
contact Tamara Clark of my staff, at (202) 514-6568. Congratulations again on your award. We look
forward to working with you to complete this important project.
Sincerely, ~
Acting Depfity Director
Enclosures
- 30-
Item V-K.
PLANNING
ITEM # 50864
1. HARB O UR DEVELOPMENT CORPORA TION, L.L. C. CONDITIONAL CHANGE OF ZONING
CONDITIONAL USE PERMIT
SUBDIVISION VARIANCE
March 4, 2003
Item V-K. 1.
- 31 -
PLANNING
ITEM # 50865
Attorney R E Bourdon, Phone 499-8971, represented the apphcant, dtstrtbuted aertal photographs and
letters of support re the proposed Vtctorta Park The cash proffer for open space acqutsttton has been
tncreased to $1, O00per lot or $65,000 to the Ctty Attorney Bourdon wtllplace on theplat a statement that
all open spaces are pubhc use Thts area will be matntatned by the commumty assoctatton Thts plan
assures connecttvtty of trails to other neighborhoods The Vtctorta Park Open Space system tncorporates
the proposed tratl hnktng North Landtng Elementary School and West Neck Park and Greenway There
wtll be a left turn lane for west bound traffic comtng tnto the stte and artght turn lane Jot east bound
traffic
Steve Kmght, 2812 North Landtng Road, Phone, 42 7-252 7
The followtng regtstered tn OPPOSITION:
Martlyn Danner, 2601 West Landtng Road, Phone, 426- 7390
Georgette Constant, 110 82na Street, Phone 422-2948
Upon motton by Counctlman Reeve, seconded by Counctlman Schmtdt, Ctty Counctl ADOPTED WITH
OPEN SPA CE AREA BEING PUBLIC and APPROPRIA TEL Y NOTED ON EA CH PLA T, Ordinances
upon apphcattons of HARBOUR DEVELOPMENT CORPORA TION for a Condtttonal Change of Zontng,
Con&ttonal Use Permit and a Vartance Appeal to the dectston of Admtntstrattve Officers re certain elements
of the Subdtvtston Ordtnance, Sectton 4 4(b), that requtres all newly created lots meet the requtrements of
the Ctty Zontng Ordtnance (CZO)
ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT
CORPORATION, L L C, A VIRGINIA LIMITED LIABILITY COMPANY,
FOR A CHANGE OF ZONING DISTRICT CLASSIFICA TIONFROMA G- 1
AND AG-2 TO CONDITIONAL R-30 Z03032134
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Or&nance upon Apphcatton ofHarbour Development Corporatton, L L C,
a Vtrgtnta hmtted habthty company, for a Change of Zontng Dtstrtct
Classtficatton from AG-1 and AG-2 Agrtcultural Dtstrtcts to Condtttonal
R-30 Restdenttal Dtstrtct on certatn property located on the south stde of
N Landtng Road, west of West Neck Road (GPIN #1493-58-7581) The
proposed zontng to Condtttonal R-30 ts for stngle famtly land use on lots
no less than 18, 000 square feet The Comprehensive Plan recommends use
of thts parcel for approprtate growth opportuntttes, conststent wtth the
economic vttahty pohctes of Vtrgtnta Beach Satd property contatns 65 I
acres DISTRICT 7 - PRINCESS ANNE
The followtng condttton shall be requtred
1 An Agreement encompasstngproffers shall be recorded with the
Clerk of Ctrcutt Court, As Revtsed
March 4, 2003
Item V-K. 1.
- 32 -
PLANNING
ITEM # 50865 (Continued)
ORDINANCE UPON APPLICATION OF HARBOUR DEVELOPMENT
CORPORATION, L L C, A VIRGINIA LIMITED LIABILITY COMPANY,
FOR A CONDITIONAL USE PERMIT FOR AN OPEN SPACE
PROMOTION R030331085
BE IT HEREBY ORDAINED B Y THE COUNCIL OF THE CITY OF VIRGINIA BEACH, VIRGINIA
Ordtnance upon Apphcatton ofHarbour Development Corporatton, L L C,
a Vtrgtma hmtted habthty company, for a Condtttonal Use Permttfor an
Open Space Promotton on certatn property located on the south stde of N
Landtng Road, west of West Neck Road (GPIN #1493-58-7580 Satd
property contatns 65 1 acres DISTRICT 7 - PRINCESS ANNE
AND,
Appeal to Dectstons of Admtmstrattve Officers tn regard to certatn
elements of the Subdtvtston Ordinance, Subdtvtston for Harbour
Development Corporation Property ts located on the south stde of N
Landtng Road, west of West Neck Road (GPIN #1493-58-7581) Satd
property contatns 65 1 acres DISTRICT 7 - PRINCESS ANNE
The followtng condtttons shall be requtred
The proffers have also been revtsed to brtng the open space
acreage numbers and other provtstons of the revtsed plan tnto
conststency wtth the language of the proffers The proffers also
tnclude an tncrease tn the amount of money to be contrtbuted to
the Ctty per lot for the purpose of acqutrtng land for open space
purposes conststent wtth the Outdoors Plan The amount has
increased from $750 to $1000, for a total of $65,000
When development takes place upon that portton of the property
whtch ts to be developed, tt shall be as a stngle famdy restdenttal
communtty of no more than 65 butldtng lots and shall be
landscaped substanttally tn conformance wtth the Exhtbtt entitled
'REZONING EXHIBIT OF VICTORIA PLACE, CITY OF
VIRGINIA BEACH, VIRGINIA, SHEET 2 OF 2", dated May 15,
2002, prepared by Hassell & Folkes, P C, whtch has been
exhtbtted to the Vtrgtnta Beach Ctty Counctl and ss on file wtth
the Vtrgtnta Beach Department of Planntng Thts tncludes
adherence to the spectes of plants hsted on the plan, the destgn
of the bto-retentton benches tn the stormwater management
ponds, and all other notes on satd plan
March 4, 2003
- 33 -
Item V-K. 1.
PLANNING
ITEM # 50865 (Continued)
The entry feature shall be constructed substanttally tn
conformance wtth the Exhtbtt entitled "Entry Feature for
Vtctorta Park, "dated May 28, 2002, whtch had been exhtbtted
to the Vtrgtnta Beach Ctty Councd and ts on file wtth the
Vtrgtnta Beach Department of Planntng
The destgn and butldtng matertals for the proposedptcmc
shelters shall be of stmtlar style and quahty of the spectficattons
of the shelter entttled "The Timberland" destgn, tdenttfied tn the
En Wood Structures catalog, a detatl of whtch has been exhtbtted
to the Ctty Counctl and ts on file with the Planmng Department
The final design shall be submttted to the Planntng Director for
revtew and approval prtor to the tssuance ora butldtng permtt
5 Open space area shall bepubhc and approprtately noted on each plat
These Ordtnances shall be effecttve tn accordance wtth Sectton 107 09 of the Zonmg Or&nance
Adopted by the Counctl of the City of Virginia Beach, Vtrgmta, on the Fourth of March, Two Thousand
Three
Vottng 11-0 (By ConsenO
Counctl Members Vottng Aye
Harry E Dtezel, Margaret L Eure, Vtce Mayor Louts R Jones, Reba S
McClanan, Rtchard A Maddox, Mayor Meyera E Oberndorf, Jtm Reeve,
Peter W Schmtdt, Ron A Vtllanueva, Rosemary Wtlson and James L
Wood
Counctl Members Vottng Nay
None
Counctl Members Absent
None
March 4, 2003
City of Virginia Beach
I~r'fE~-OFFI CE CORRESPOIql)F.~ICF.
In Reply Refer To Our File No. DF-5542
DATE: January 6, 2003
TO- Leslie L. Lilley "~ DEPT: City Attorney
FROM: B. Kay Wilso~kF DEPT: City Attorney
RE:
Conditional Zoning Application
Harbour Development Corporation, L.L.C., et als
The above-referenced conditional zoning application is scheduled to be heard by the
City Council on January 14, 2003. I have reviewed the subject proffer agreement, dated
May 21, 2002, and have determined it to be legally sufficient and in proper legal form.
A copy of the agreement is attached.
Please feel free to call me if you have any questions or wish to discuss this matter
further.
BKW
Enclosure
PREPARED BY
SYK[S. t~OI~DON.
A~E~N &LEVY. PC
HARBOUR DEVELOPMENT CORPORATION, L.L.C., a
company,
BURCH FAMILY LTD. PARTNERSHIP,
ARLINE M. ROSENMEIER, Successor Trustee of the
Revocable Trust
MICHAEL J. STAFFORD,
REVOCABLE TRUST
Virginia limited liability
Joseph H. Howlett, Jr.,
SR., Trustee of the ROBERT E. STAFFORD, SR.
TO (PROFFERED COVENANTS, RESTRICTIONS AND CONDITIONS)
CITY OF VIRGINIA BEACH, a municipal corporation of the Commonwealth of
Virginia
THIS AGREEMENT, made this 218t day of May, 2002, by and between
HARBOUR DEVELOPMENT CORPORATION, L.L.C., a Virginia limited liability
company, Grantor, party of the first part; BURCH FAMILY LTD. PARTNERSHIP,
ARLINE M. ROSENMEIER, Successor Trustee, and MICHAEL J. STAFFORD, SR.,
Trustee, Grantor, parties of the second part; and THE CITY OF VIRGINIA BEACH, a
municipal corporation of the Commonwealth of Virginia, Grantee, party of the third
part.
WlTNESSETH:
WHEREAS, the parties of the second part are the owners of that certain parcel
of property located in the Princess Anne District of the City of Virginia Beach,
containing a total of approximately 65.1 acres and described in Exhibit "A' attached
hereto and incorporated herein by this reference. Said parcel is hereinafter referred
to as the "Property"; and
WHEREAS, the party of the first part is the contract purchaser of the Property
and has initiated a conditional amendment to the Zoning Map of the City of Virginia
Beach, Virginia, by petition addressed to the Grantee so as to change the Zoning
Classifications of the Property from AG-1 and AG-2 Agricultural Districts to
Condxtional R-30 Resident;al District with a Conditional Use Permit for Open Space
Promotion; and
WHEREAS, the Grantee's policy is to provide only for the orderly development
of land for various purposes through zoning and other land development legislation;
and
GPIN: 1493-58-7581
PREPARED BY
,~l SYKES. i}Ot~DON.
AllE~N & L~/. PC
WHEREAS, the Grantor acknowledges that the competing and sometimes
incompatible uses conflict and that in order to permit differing uses on and in the
area of the Property and at the same time to recognize the effects of change, and the
need for various types of uses, certain reasonable conditions governing the use of the
Property for the protection of the community that are not generally applicable to land
similarly zoned are needed to cope with the situation to which the Grantor's rezoning
application gives rise; and
WHEREAS, the Grantor has voluntarily proffered, in writing, in advance of
and prior to the public heanng before the Grantee, as a part of the proposed
amendment to the Zoning Map, in addition to the regulations provided for the R-30
Zoning District by the existing overall Zoning Ordinance, the following reasonable
conditions related to the physical development, operation, and use of the Property to
be adopted as a part of said amendment to the Zoning Map relative and applicable to
the Property, whxch has a reasonable relation to the rezoning and the need for which
is generated by the rezoning.
NOW, THEREFORE, the Grantor, for itself, its successors, personal
representatives, assigns, grantees, and other successors in title or interest,
voluntarily and without any requirement by or exaction from the Grantee or its
governing body and without any element of compulsion or quid pro quo for zoning,
rezoning, site plan, building permit, or subdivision approval, hereby make the
following declaration of conditions and restrictions which shall restrict and govern
the physical development, operation, and use of the Property and hereby covenant
and agree that this declaration shall constitute covenants running with the Property,
which shall be binding upon the Property and upon all parties and persons claiming
under or through the Grantor, its successors, personal representatxves, assigns,
grantee, and other successors in interest or title and which will not be required of the
Grantor until the Property is developed:
1. When development takes place upon that portion of the Property which
is to be developed, it shall be as a single family residential community of no more
than sixty-five (65) building lots substantially in conformance with the Exhibit
entitled "REZONING EXHIBIT OF VICTORIA PARK" (Sheets 1 and 2), dated May 15,
2002, prepared by Hassell & Folkes, P.C., which has been exhibited to the Virginia
PREPARED BY
I$Y14[$. ~OUI~DON.
AtI~N & lEVY. PC
Beach City Council and is on V~e ~ith the Virginia Beach Department of Planning
{"Concept Plan"). Each building lot shall be developed with double (i.e. two times) the
"Total Canopy Cover Required" as specified in the City of Virginia Beach's
"Residential Tree Requirement Table" published by the Virginia Beach Department of
Planning as of the date hereof.
2. When the property is developed, a central park with connected open
space areas containing approximately 28.4 acres of landscaped parklands, lakes,
passive recreation areas, community activity areas featuring an extensive pedestrian
pathway system, park benches, covered shelters and picnic areas lying outside the
residential lots and roadways depicted on the Concept Plan shall be dedicated to and
maintained by the Property Owners Association.
3. When the property is developed, the pedestrian pathway system and
open space improvements shall be constructed and the installed landscaping shall
be substantially as depicted on the Concept Plan.
4. At the entrance to the community the Party of the First Part will
construct both right and left turn lanes from North Landing Road and a brick wall,
18 inches in height parallel to North Landing Road on each side of the entrance road
as depicted on the Concept Plan.
5. When the Property is subdivided it shall be subject to a recorded
Declaration of Protective Covenants, Conditions and Restrictions {"Deed
Restrictions") administered by a Property Owners Association which shall be
responsible for maintaining all common areas, including the community owned open
space with pedestrian pathway system, the entrance feature and community activity
area.
6. All residential dwellings constructed on the Property shall have visible
exterior surfaces, excluding roof, trim, windows, and doors, which is no less than
fifty percent {50%) brick, stone, stucco or similar quality materials. Any one story
dwelling shall contain no less than 2400 square feet of enclosed living area excluding
garage area and any two-story dwelling shall contain no less than 2600 square feet
of enclosed hying area excluding garage area. The Deed Restrictions shall require
each dwelling to have, at a minimum, a two {2) car garage.
PREPARED BY
SYKES. t~OUt~DON.
Att~N & LEVY. PC
7. The Grantor recognizes that the subject site is located within the
Transition Area identified in the Comprehensive Plan of the City of Virginia Beach,
adopted on November 4, 1997. The Comprehensive Plan states that development
taking place ~n this area should support the primary purpose of advancing open
space and recreational uses. In addition to committing fifty percent (50%) of the
Property to open space preservation, via the dedication of 28.4 acres to the Property
Owners Association as permanent open space and provision for 3.9 acres of green
ways within the dedicated public right of ways within the community, the Grantor
agrees to contribute the sum of One Thousand and 00/100 Dollars ($1,000.00) per
lot to Grantee to be utilized by the Grantee to acquire land for open space
preservation pursuant to Grantee's Outdoors Plan. If the funds proffered by the
Grantor in this paragraph are not used by the Grantee anytime within the next
twenty (20) years for the purpose for which they are proffered, then any funds paid
and unused may be used by the Grantee for any other public purpose. Grantor
agrees to make payment for each residential lot shown on any subdivision plat prior
to recordation of that plat.
8. Further conditions may be required by the Grantee during detailed Site
Plan and/or Subdivision review and administration of applicable City codes by all
cognizant City agencies and departments to meet all applicable City code
requirements. Any references hereinabove to the R-30 Zoning District and to the
requirements and regulations applicable thereto refer to the Zoning Ordinance and
Subdiwsion Ordinance of the City of Virginia Beach, Virginia, in force as of the date
of approval of this Agreement by City Council, which are by this reference
~ncorporated herein.
The above conditions, having been proffered by the Grantor and allowed and
accepted by the Grantee as part of the amendment to the Zoning Ordinance, shall
continue in full force and effect until a subsequent amendment changes the zoning
of the Property and specifically repeals such conditions. Such conditions shall
continue despite a subsequent amendment to the Zoning Ordinance even if the
subsequent amendment is part of a comprehensive implementation of a new or
substantially revised Zoning Ordinance until specifically repealed. The conditions,
however, may be repealed, amended, or varied by written instrument recorded m the
PREPARED BY
S'~q~[S. tlOUttDON.
Atl~N & LEVY. P C
Clerk's Office of the Circuit Court of the City of Virginia Beach, Virginia, and
executed by the record owner of the Property at the time of recordation of such
instrument, prowded that said instrument is consented to by the Grantee in writing
as evidenced by a certified copy of an ordinance or a resolution adopted by the
governing body of the Grantee, after a public hearing before the Grantee which was
advertised pursuant to the provisions of Section 15.2-2204 of the Code of Virginia,
1950, as amended. Said ordinance or resolution shall be recorded along with said
instrument as conclusive evidence of such consent, and if not so recorded, said
~nstrument shall be void.
The Grantor covenants and agrees that:
(1) The Zoning Administrator of the City of Virginia Beach, Virginia, shall
be vested with all necessary authority, on behalf of the governing body of the City of
Virginia Beach, Virginia, to administer and enforce the foregoing conditions and
restrictions, including the authority (a) to order, in writing, that any noncompliance
with such conditions be remedied; and (b) to bring legal action or suit to insure
compliance with such conditions, including mandatory or prohibitory injunction,
abatement, damages, or other appropriate action, suit, or proceeding;
(2) The failure to meet all conditions and restrictions shall constitute cause
to deny the issuance of any of the required building or occupancy permits as may be
appropriate;
(3) If aggrieved by any decision of the Zoning Administrator, made
pursuant to these provisions, the Grantor shall petition the governing body for the
review thereof prior to instituting proceedings in court; and
(4) The Zoning Map may show by an appropriate symbol on the map the
existence of conditions attaching to the zoning of the Property, and the ordinances
and the conditions may be made readily available and accessible for public
inspection in the office of the Zoning Administrator and in the Planning Department,
and they shall be recorded in the Clerk's Office of the Circuit Court of the City of
Virginia Beach, %rginia, and indexed in the names of the Grantor and the Grantee.
PREPARED BY
S~Y[[S. I~OIIt/DON
Atl[RN & LEVY. P C
WITNESS the following signature and seal:
GRANTOR:
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH
, to-wit:
HARBOUR DEVELOPMENT CORPORATION,
L.L.C., a Virginia limited liability company
By: (SEAL)
Robert R. Kins Member
June
The foregoing instrument was acknowledged before me this lOth day
2002, by Robert R. Kinser, Managing Member of Harbour Development Corporation,
L.L.C., a limited liability company, Grantor.
Notary Public
My Commission Expires: August 31, 2002
PREPARED BY
AtlERN & L[~. PC
WITNESS the following signature and seal:
GRANTOR:
BURCH FAMILY LTD. PARTNERSHIP
e (SEAL)
Timothy~ eneral Partner
STATE OF VIRGINIA._
C~I=f/COUNTY OF ~-~/~ ~t~x , to-wit:
The foregoing instrument was acknowledged before me this ~--.~27 day of May,
2002, by Timothy A. Burch, Sr., General Partner, of the Burch Family Ltd.
Partnership, Grantor.
Notary Public
My Commission Expires: MI/Coammon ~pk~ ?,~-ch 31.202
PREPARED BY
WITNESS the following signature and seal:
GRANTOR:
· ~cla~ AL)
~ . - ~ .- /
Arline M. Rosenme~er, Successor Trustee of
the Joseph H. Howlett, Jr. Revocable Trust
I,J .C .
STATE OF ~
CITY/COUNTY OF
~(~ ., to-wit:
The foregoing instrument was acknowledged before me this
day of 4~p, i
2002, by Arline M. Rosenmeier, Successor Trustee of the Joseph H. Howlett, Jr.
Revocable Trust, Grantor.
Notary Public
My Commission Expires:
PREPARED BY
SYI~[S. tlOUIIDON.
AI1ERN & [D/Y PC
WITNESS the following signature and seal:
GRANTOR:
Michael J. St~orci, ~I~, Trustee of the Robert
E. Stafford, Sr., Revddable Trust
STATE OF VIRGINIA
CITY OF VIRGINIA BEACH, to-wit:
2002, by Michael d. Stafford,
Trust, Grantor.
The foregoing instrument was acknowledged before me this '~[~ ~k day of May,
My Commission Expires: 0(o-s0
e
o I~ert E. Stafford, Sr. Revocable
Notary Public
PREPARED BY
gYK[$. I~OIII~DON
Ali[liN & I.B~Y, PC
EXHIBIT "A"
All of that certain piece or parcel of land situate near Princess Anne Courthouse in
the Seaboard Magisterial District in the County of Princess Anne, Virginia, and more
particularly described by metes and bounds as follows:
BEGINNING at a point on the southern side of State Highway Route 165 known as
North Landing Road, as evidenced by the dedication of a fifteen (15) foot strip of land
to Princess Anne County, where same intersects the eastern line of the lane to the
Boomer residence, as shown on the plat entitled "Survey of M. W. Flora Property,
Seaboard Magisterial District, Princess Anne County, Virginia", dated December 5,
1961, made by Wilfred P. Large, Certified Land Surveyor, said plat to be recorded
simultaneously with this deed; and running thence easterly along the southern side
of North Landing Road, N. 70° 15' E. a distance of 419.47 feet to a point and running
thence S. 23° 19' E. a distance of 279.01 feet to a point; and running thence N. 66°
41' E. a distance of 189.39 feet to a point; and running thence S. 32° 01' E. a
distance of 365.79 feet to a point; and running thence S. 32° 32' E. a distance of
733.05 feet to a point; and running thence S. 32° 37' E. a distance of 997.11 feet to
a point; and running thence S. 32° 27' 45' E. a distance of 402.31 feet to a point;
and running thence S. 49° 56' 35' W. a distance of 1144.41 feet to a point; and
running thence N. 32° 24' 51' W. a distance of 1483.87 feet to a point; and running
thence N. 26° 40' 06 W. a distance of 102.86 feet to a point; and running thence N.
13° 48' 31' W. a distance of 107.93 feet to a point; and running thence N. 8° 37' 24'
W. a distance of 553.62 feet to a point; and running thence N. 11° 59' 58" W. a
distance of 909.02 feet, to the point of beginning.
GPIN: 1493-58-7581
CONDREZN/HARBOUR/PROFFER7
REV 5/m/02
10
- 34-
Item K-K. 1.
APPOINTMENT
ITEM # 50866
BY CONSENSUS, Cay Councd RESCHEDULED the following APPOINTMENTS:
HUMAN RIGHTS COMMISSION
THE PLANNING COUNCIL
March 4, 2003
- 35 -
Item V-M. 1.
APPOINTMENT
ITEM # 50867
Ctty Counctl chscussed the securtty of Ctty Hall and requested the Ctty Manager assure access to thts pubhc
bmldtng durtng pubhc meetings for all citizens
March 4, 2003
- 36-
Item V-N. 1.
ADJOURNMENT
ITEM # 50868
Mayor Meyera E Oberndorf DECLARED the Ctty Councd Meettng ADJOURNED at 7:25 P.M.
Beverly 0 Hooks, CMC
Chtef Deputy Ctty Clerk
Ctty Clerk
Meyera E Oberndorf
Mayor
Ctty of Vtrgtnta Beach
Vtrgtnta
March 4, 2003